Terms of Service


Welcome to Manager Fashion, a cloud-based management solution for fashion business (the “Service”, as more fully described below). The Service is owned and Operated by MAC Martins e Silva ME. ("ManagerFashion")

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS" OR "TERMS OF USE"), BECAUSE THEY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU, THE INDIVIDUAL OR THE ENTITY ACCESSING OR USING THE SERVICE, AND ManagerFashion. BY ACCESSING THE SERVICE OR BY USING IT IN ANY MANNER, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICE.

From time to time, ManagerFashion may change the Terms to meet technical, operational and legal changes. ManagerFashion will post a notice about changes made to the Terms on ManagerFashion's website, ManagerFashion may send you a notice by email, reasonable time before the changes take effect. You may choose to deny the amended Terms and terminate your account. By continuing to use your account with the Service after the new changes have taken effect, you indicate your agreement to the amended Terms.


About the Service

The Service is an online management platform for fashion business. The Service offers a feature-rich solution for manage modeling agencies and their websites.

From time to time, ManagerFashion may modify or enhance the Service, and may offer additional tools and features, free-of-charge or subject to additional fees. The additional tools and features may be governed by additional or different terms of service.

Grant of Right

Subject to these Terms and to the payment of fees, if applicable, ManagerFashion grants you a worldwide, limited, non-exclusive, revocable, non-transferable, non-sublicensable right to use the Service. Except as explicitly provided in these Terms, you may not use the Service for any other purpose.

User Account

When you register, ManagerFashion will ask you to provide certain contact and personal details. ManagerFashion will explicitly indicate the fields that are mandatory to complete. False, incorrect, or outdated information, such as an invalid email address, may prevent you from registering and impair ManagerFashion's ability to provide you with the Service.

To login, you must provide your email and password. ManagerFashion may also establish and require from time to time additional or different means of identification and authentication for logging in and accessing the Service. You will maintain your login details in absolute confidentiality. Make sure that you change your password at least once every six months. You will immediately notify to ManagerFashion of any potential or actual misuse, unauthorized use, of your account.

You may terminate your account by contacting ManagerFashion via email at: managerfashion.com/index.php?feat=contact ManagerFashion may require you to verify your identity by sending ManagerFashion additional information, as a condition for terminating your account. Following the termination of your account, you may no longer be able to access the Service.

Notwithstanding any remedies that may be available to ManagerFashion under any applicable law, ManagerFashion may temporarily or permanently deny, limit, suspend, or terminate your user account, prohibit you from accessing the Service, remove your content and take technical and legal measures to keep you off the Service, if ManagerFashion determines in its sole discretion that you: (i) abused your rights to use the Service; (ii) breached the Terms; (iii) violated any applicable law, rule, or regulation; (iv) performed any act or omission which is harmful or likely to be harmful to us, or any other third party, including other users or providers of the Service;

Acceptable Use of the Service

When using the Service, you will abide by the applicable laws, rules and regulations, and by any usage guidelines ManagerFashion may convey to you from time to time.

You may not access or use the Service for any illegal or abusive purposes, or to develop or create a similar or competitive product or service to the Service. You will be responsible for all acts and omissions associated with your access and use of the Service and the access and use of the Service by employees, agents, contractors, end-users and any other third party who may access or use the Service on your behalf, or at your permission ("Authorized Users").

Acceptance of Outsourced Services

You will accept that your account is associated with ManagerFashion outsourced services, following their Terms of Use (TOS). The Terms of Use (TOS) of outsourced services may be amended from time to time.

Privacy

You represent that your disclosure of privacy practices to Authorized Users will cover the Service's use of personal information pursuant to the Service's privacy policy, located at managerfashion.com/index.php?feat=privacy.

Contributed Content

You may allow your Authorized Users to upload, store, administrate, edit, deliver, make available and distribute content ("Contributed Content"). Any use of your account is subject to your sole responsibility. You represent and warrant that you will prohibit your Authorized Users to access and use the Service to contribute any illegal or abusive content, or use the Service for any abusive or illegal activity. You will take all measures to prevent any use of such content by your Authorized Users through the Service. ManagerFashion may, but is under no duty to, review all Contributed Content and remove or block access to such content, as more fully described below.

Content Removal

ManagerFashion respects the rights of its users and any other person. If you believe that your rights are abused on the Service, please contact ManagerFashion at: managerfashion.com/index.php?feat=contact. ManagerFashion may ask you to provide additional information to process your complaint. ManagerFashion will make reasonable efforts to review your complaint and respond promptly. ManagerFashion will not respond to anonymous complaints.

ManagerFashion may remove any Contributed Content if ManagerFashion believes, in its sole discretion, or receives a notice from a third party, that such content may violate any third party rights. Prior to removing the said content, ManagerFashion will block access to it and provide you a 48 hours prior notice before removing the said content without maintaining any backup copy.

Storage Policy

Each ManagerFashion’s plan has unlimited storage capacity for talents’ pictures, videos and documents.
Those plans which includes webmail account have limited space of storage of attachments as described in the ManagerFashion plans' feature page. The messages storage take account of the emails found on the User inbox since the date of subscription. Additional storage is available for purchase, under request. Exceeding any applicable or reasonable limitation of bandwidth, or storage capacity (for example, backup or email account space) is prohibited and may prevent you from backing up to ManagerFashion, adding documents, or receiving new email sent to your ManagerFashion webmail account. If your use of the Service or other behavior intentionally or unintentionally threatens ManagerFashion’s ability to provide the Service or other systems, ManagerFashion shall be entitled to take all reasonable steps to protect the Service and ManagerFashion’s systems, which may include suspension of your access to the Service.
Repeated violations of the limitations may result in termination of your Account.

Backup

ManagerFashion’s server creates automatic backups for all active accounts.

ManagerFashion reserves the right to delete the backups associated with unactive accounts. Backup is limited to database informations, settings account, pictures, videos and documents. Some of these elements will be stored in ManagerFashion’s outsourced services and their backup is subjected under their own policies.

ManagerFashion shall use reasonable skill and due care in providing the Service, but, TO THE GREATEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MANAGERFASHION DOES NOT GUARANTEE OR WARRANT THAT ANY CONTENT YOU MAY STORE OR ACCESS THROUGH THE SERVICE WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION, LOSS, OR REMOVAL IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND MANAGERFASHION SHALL NOT BE RESPONSIBLE IF SUCH DAMAGE, CORRUPTION, LOSS, OR REMOVAL OCCUR. It is your responsibility to maintain appropriate alternate backup of your information and data.

You are responsible for backing up, to your own computer or other device, any important documents, images or other Content that you store or access via the Service.

ManagerFashion may provide account backup under request with a 30 days prior notice.

Service Fees

ManagerFashion offers 15 days free trial for all Service’s plans, subject to be amended from time to time.

ManagerFashion's plan prices are available under request by email. From time to time, ManagerFashion may change the Service fees, upon reasonable prior notice that ManagerFashion will post on its website or send you by email.

You may pay the fees by using the methods of payments as available, published and updated from time to time on the Service. Fees will be regarded as paid only after your payment has been confirmed. Service will be available to you promptly after you have paid the Service fees. You acknowledge that fees are not refundable.

Payments will include applicable taxes. You will pay all fees and taxes in a timely manner and in compliance with ManagerFashion's pricing schedule and you will reimburse ManagerFashion for any interest and collection costs resulting from overdue payments.

ManagerFashion will make its best efforts to have a transaction processed accurately and expeditiously and reimburse you for any excess payment that you were mistakenly charged with. However, ManagerFashion will not be liable for mistakes, errors, malfunctions and miscalculations made by the payment service providers.

Upon failure to make any payment, and following a seven (7) days prior notice of due payments sent to you, ManagerFashion may remove, disable or terminate your account. You waive any and all claims against ManagerFashion and anyone on ManagerFashion's behalf in connection therewith.

Service Level Agreement (SLA)

"Uptime" means the percentage of time in a calendar month that ManagerFashion's management console and ManagerFashion's API services are available for access, as measured by ManagerFashion.

ManagerFashion strives for a 100% Uptime. If Uptime falls below 99.9% in a given calendar month, ManagerFashion will offer an extension of your ManagerFashion plan ("Service Extension") of 5 days.

Service Extension will not be awarded in the following circumstances: (a) circumstances beyond ManagerFashion reasonable control, including but not limited to war, terrorism, labor disturbance, interruption of telecommunications, failure of third party software or services, or acts of God; (b) network issues outside of ManagerFashion's control, including DNS and connectivity problems; (c) errors in ManagerFashion's uptime measurement system; (d) acts or omissions by Authorized Users; (e) Downtime that has been advised to you 72 hours in advance ("scheduled maintenance"); (f) Downtime resulting from individual periods of non-availability lasting less than five (5) minutes; (g) Suspension or termination of your right to use the Service in accordance with these Terms; (h) Accounts using ManagerFashion's Free trial;

To receive a Service Extension you must submit a request by sending an e-mail message to: support@managerfashion.com within 10 days of becoming eligible to receive it. The request must include supporting documentation, such as log files showing the non-availability of the Service.

This SLA is your sole and exclusive remedy for any failure by ManagerFashion to provide the Service.

Intellectual Property

Except for your Contributed Content, all rights, title and interest in and to the Service, including any intellectual property rights, whether registered or not, and any goodwill associated therewith, are owned by, or licensed to ManagerFashion. Unless as expressly provided, these Terms do not grant you any rights to patents, copyrights, trademarks (whether registered or unregistered), trade names, trade secrets, domain names or any other rights, functions or licenses with respect to the Service and you may not use the Service for any other purpose without ManagerFashion's prior, express written authorization.

ManagerFashion do not claim ownership over Contributed Content. However, you grant ManagerFashion permission to use your Contributed Content, for the purposes of providing, developing and supporting the Service. You grant ManagerFashion permission to use your Company name and logo in ManagerFashion website and any ManagerFashion issued publications. If you wish to decline ManagerFashion's use of your name and logo, please contact ManagerFashion at: support@managerfashion.com. You acknowledge that ManagerFashion may adjust and modify Contributed Content, per your requests.

Confidentiality

“Confidential Information” means any information furnished or made available by you or your Authorized Users, that is identified as “confidential” or “proprietary,” either by legend on written or electronically stored material, or which ought reasonably to be recognized as confidential or proprietary by virtue of its nature or the circumstances of its disclosure.

ManagerFashion will maintain strict confidentiality of your Confidential Information and will not use, disclose or have your Confidential Information disclosed, directly or indirectly to any third party, except as specifically required to provide you the Service, or subject to your prior permission. ManagerFashion will take precautions to maintain the confidentiality of your Confidential Information with the same degree of care as to ManagerFashion's own Confidential Information, but in no case less than reasonable care. Upon termination of this agreement, ManagerFashion will use commercially reasonable efforts to delete all copies of your Confidential Information that is stored on ManagerFashion's system, except for retaining data for legitimate business purposes or as required under the applicable law, including under tax related requirements, account settling, record keeping, archiving and legal issues.

The foregoing will not be considered as your confidential information: (a) information already known to ManagerFashion without an obligation of confidentiality, (b) information that is or becomes publicly known other than through a breach by us, or (c) information that is independently developed by ManagerFashion.

If ManagerFashion is compelled by law to disclose your confidential information, ManagerFashion will provide you a prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at your cost, if you wish to contest the disclosure.

Disclaimer of Warranty

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED FOR USE "AS IS", WITHOUT ANY WARRANTIES OF ACCURACY, RELIABILITY, LIKELY-RESULT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR IT BEING UP-TO-DATE. USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MANAGERFASHION EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE SERVICE, THE ACCURACY, RELIABILITY, ADEQUACY OR COMPLETENESS OF THE SERVICE OR ANY OTHER MATERIAL PROVIDED BY ANY LINK TO ANOTHER WEBSITE OR SERVICE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, LIKELY-RESULT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICE WHETHER MADE BY MANAGERFASHION's EMPLOYEES OR OTHERWISE, WHICH IS NOT CONTAINED IN THESE TERMS, WILL BE DEEMED TO BE A WARRANTY BY MANAGERFASHION FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF MANAGERFASHION WHATSOEVER.

Limitation of Liability

MANAGERFASHION, AND MANAGERFASHION's EMPLOYEES, DIRECTORS, SHAREHOLDERS, ADVISORS OR ANYONE ACTING ON MANAGERFASHION's BEHALF WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON WITH RESPECT TO THE SERVICE'S PROPERTIES, ABILITIES, LIMITATIONS, FITNESS TO YOUR NEEDS, OR WITH RESPECT TO ANY CONTENT AVAILABLE ON THE SERVICE, THAT YOU RELY ON.

MANAGERFASHION, AND MANAGERFASHION's EMPLOYEES, DIRECTORS, SHAREHOLDERS, ADVISORS OR ANYONE ACTING ON MANAGERFASHION's BEHALF, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT OR ERROR MADE BY MANAGERFASHION’s STAFF OR ANYONE ACTING ON MANAGERFASHION’s BEHALF, OR FROM YOUR OWN OR YOUR AUTHORIZED USERS RELIANCE ON THE CONTENT OR ON MATERIAL ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH MANAGERFASHION OR WITH OTHER USERS IN CONNECTION WITH THE SERVICE – WHETHER OR NOT MANAGERFASHION HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, LOSS, COSTS, EXPENSES OR PAYMENTS.

Without derogating anything from the above, ManagerFashion’s total liability under this agreement in contract, tort, negligence, pre-contract or other representations or otherwise arising out of, or in connection with this agreement or the performance or observance of its obligations under this agreement, and every applicable part of them will be limited to an amount equal to the total amount actually received by ManagerFashion during the three (3) months before such loss or damage first occurred.

Indemnification

You will indemnify, defend and hold harmless us, ManagerFashion, ManagerFashion’s employees, directors, shareholders, advisors or anyone acting on ManagerFashion’s behalf with respect of any claim, demand, damage, loss, loss of profit, payment or expense, including reasonable attorney fees ManagerFashion’s incur in connection with breach of these Terms or an unlawful or tortuous action or inaction with respect to the Service by you or by anyone on your behalf. Such indemnity will include, but will not be limited to, legal expenses and attorney fees.

Governing Law and Jurisdiction

These Terms, the Service or any dispute arising out of or related thereto, will be governed solely by the laws of Brazil, regardless of your country of origin or where you access the Service, and without giving effect to any conflicts of law principles, which would result in the application of the laws of a jurisdiction other than Brazil.

The competent courts in Sao Paulo, city of Brazil will have sole and exclusive jurisdiction over any claim in connection with the Service and in respect of any matter relating to the validity, applicability, performance or interpretation of these Terms. You agree to the exclusive jurisdiction of the above mentioned courts, agree to accept service of process by any means permitted by the applicable law and hereby waive any jurisdictional, conflict of law or venue defenses otherwise available to you.

General

These Terms along with the Privacy Policy specified at managerfashion.com/index.php?feat=privacy constitute the entire agreement between you and ManagerFashion with respect to the access and use of the Service and supersede any and all agreements, negotiations and understandings, whether written or oral, about the Service.

No waiver, concession, extension, representation, alteration, addition or derogation from these Terms will be effective unless effected in writing and expressly.

Severability

If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of these Terms will remain in full force and effect.

Contact Us

You may contact ManagerFashion with any question about the Service, through the contact form at: managerfashion.com/index.php?feat=contact ManagerFashion will make efforts to address your inquiry promptly.


Last update 17th December, 2015