TERMS OF SERVICE
These Terms of Service (“Terms”) constitute a legally binding agreement between you and Zavienta (“Zavienta”, “We”, “Us”, “Our”) governing your access to and use of our digital platform, including all associated media, content, services, tools, and functionalities available on or through our website and mobile interface (collectively, the "Platform"). These Terms apply to all Users (defined hereinafter) of the Platform, including readers, Contributors (defined hereinafter) and visitors, and cover usage of features such as articles, videos, shopping and live streaming services.
By accessing or utilizing any part of Our Platform, you ("User," "Contributor," “You”, or "Your") acknowledge that you have read, understood and consent to be bound by these Terms and the Privacy Policy.
PLEASE REVIEW THESE TERMS CAREFULLY AS THEY DEFINE OUR MUTUAL RIGHTS AND OBLIGATIONS. WE TRUST YOU WILL AGREE WITH THESE TERMS, BUT IF YOU DISAGREE, YOU MUST IMMEDIATELY CEASE ACCESSING, BROWSING, OR USING THIS SITE AND ANY OTHER SITE LINKING TO THESE TERMS. BY CONTINUING TO ACCESS, BROWSE, OR USE THIS OR ANY OTHER SITE LINKING TO THESE TERMS, OR BY CLICKING AN “I ACCEPT” OR SIMILAR BUTTON, YOU CONFIRM THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS STATED HEREIN.
It is advisable to conduct a periodic review of these Terms, as they are subject to updates at various intervals. In the occurrence of significant modifications, We will undertake reasonable measures to inform You through the email address maintained in Our records.
1. CONTENT AND SERVICES
1.1. Zavienta offers original and curated content in the luxury fashion, lifestyle, and beauty sectors, including but not limited to written features, editorial articles, videos, product reviews, shopping tools, affiliate-linked product recommendations, social media integrations and live-streamed media (collectively, the “Content”), including all User Content (defined hereinafter).
1.2. The Platform hosts Content that is created in-house or submitted by Contributors. This Content is intended for personal, non-commercial consumption unless otherwise expressly authorized by Us. Such Content might be editorial in nature or promotional, including features that contain embedded Affiliate Links () or are created pursuant to a paid partnership. We reserve the right to label such Content in compliance with applicable Federal Trade Commission Endorsement Guidelines (“FTC Guidelines”).
1.3. All functionality and features provided through the Platform, including access to Content, embedded affiliate links and collaboration interfaces (“Services”) offered on the Platform, is subject to the sole discretion of Zavienta and Zavienta reserves the right but not an obligation to review, remove, edit, modify or otherwise manipulate any Content, at any time, without notice.
2. ELIGIBILITY
2.1. In order to access the Platform, individuals must be at least eighteen 18 years of age and it is imperative that You satisfy the following conditions:
a. All information you submit to Us on the Platform is truthful and accurate; and
b. You will maintain the accuracy of such information.
3. USER CONTENT AND CONTRIBUTIONS
3.1. While accessing the Platform, Users may engage to contribute to the Platform in the form of written submissions, photographs, videos, social media posts and other original works (collectively, “User Content”). By submitting User Content and engaging with Zavienta, You grant us a worldwide and perpetual title and right to use, reproduce, modify, publish and display such User Content at Our sole discretion. Additionally, You hereby represent and warrant that You have the legal authority and permission to submit such Content in accordance with the applicable laws in force.
3.2. Contributors, including writers, social media influencers and other content partners (“Contributors”), may be engaged to create or submit Content for publication under several authorised sections on the Platform. Such User Content must be subject to Our regular monitoring and editorial guidelines. You may reach out to Us at submissions@zavienta.com for the purpose of registration and legally binding arrangement upon mutually agreed terms.
3.3. Contributors acknowledge that the User Content disclosed on the Platform in the publicly accessible sections of the Service is available to the other Users and accordingly caution is advised when sharing personal or sensitive Content. We are not responsible for the consequences of Content made available by You on the Platform as part of the Services.
3.4. In the event You become aware that Your User Content has been used, copied or, made accessible on a third-party Platform, that constitutes copyright infringement, You may submit a formal notice to Us via fax or e-mail in accordance with the Digital Millennium Copyright Act, 1998 (“DMCA”). You acknowledge that any misrepresentations made in a notice alleging that a particular content or activity is infringing may constitute a violation of the DMCA and may expose You to damages. We will not be responsible for such misrepresentation, to the extent permitted by applicable law.
4. USER CONDUCT AND PROHIBITED USES
By using the Platform, You agree not to use the Content and the Services for any purpose that is prohibited under these Terms:
4.1. Use the Platform in violation of any local, state, national, or international law;
4.2. Upload or transmit malicious code, viruses, or disruptive scripts;
4.3. Impersonate any person or entity or misrepresent Your affiliation with the Magazine;
4.4. Interfere with or disrupt the functionality or performance of the Platform;
4.5. Upload abusive, harassing, defamatory, libelous, deceptive, fraudulent, obscene, vulgar, pornographic, profane, contains or depicts nudity, sexual activity or is otherwise inappropriate and harmful as determined by Us in Our sole discretion;
4.6. You will not directly or indirectly decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services;
4.7. You will not upload any content as User Content that infringes any patent, trademark, copyright or any right of other person or entity or violates any law in force;
4.8. We reserve the right to access, read, preserve and disclose any information as we reasonably believe necessary to comply with applicable law or governmental request and protect Zavienta’s and Our Users rights and interests.
Violation of these rules may result in suspension or termination of access to the Platform.
5. AFFILIATE LINKS AND BRAND COLLABORATIONS
5.1. The Platform includes several features and Content that reference, recommend and link to third-party products by the means of integrated affiliate partnerships (“Affiliate Links”), or may publish branded, sponsored or paid promotional content in association with third-party entities (“Sponsored Content”). The presence of such links and collaborations forms a part of the Services and intends to enhance luxury fashion and beauty experience offered to the Users at Zavienta.
5.2. By accessing or interacting with the Content on the Platform, You acknowledge and understand that clicking on or purchasing through Affiliate Links and Sponsored Content may result in the Company, its Contributors, or both receiving monetary commissions or other lawful compensation from the affiliated third party.
5.3. Reference to Affiliate Links and publication of Sponsored Content as part of the Services on the Platform in no manner constitutes a binding offer to sell, rent or distribute any products. All purchase transactions for products available on or through the Platform will be between the User and the third-party entity without any involvement of Us. We assume no responsibility for the quality, specifications, features, or legality of such products in the event of returns, exchanges or refunds.
5.4. You further acknowledge and agree that we will not be held liable directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the transaction and use of or reliance on any Affiliate Links and Sponsored Content, respectively.
6. PRIVACY
Upon receipt of the Services, Zavienta utilizes Your information in accordance with Our Privacy Policy available on Our website.
7. ACCESS AND USE OF INTERNET
7.1. While Zavienta undertakes reasonable measures to facilitate the accessibility of the Services, You hereby acknowledge and consent that the Services may, at times, be rendered unavailable. Such unavailability in question may arise from factors within Our control, including but not limited to routine maintenance, or from factors beyond Our control, such as technical failures or external events.
7.2. The responsibility for procuring and maintaining the requisite equipment necessary for accessing the Services rests solely with You. The utilization of the internet includes inherent risks; therefore, Zavienta hereby disclaims any liability for the security or availability of internet services. We will not be held liable for any delays, failures, interruptions, or corruption of data or information that may occur during Your access to the Platform.
8. INTELLECTUAL PROPERTY
All materials on the Platform, including articles, videos, interfaces, photos, logos, and other User Content submitted by Contributors, are owned by the Company and are protected under intellectual property laws, including copyright and trademark. Subject to Your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for personal, non-commercial purposes.
9. THIRD PARTY SERVICES
While accessing the Platform, You agree that when You access third party resources on the internet, You do so at Your own risk. We are not responsible or liable for the content, accuracy, legality or any other aspect of such websites or resources. You further acknowledge that We will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such services available on a third party website.
10. DISCLAIMER OF WARRANTY
The Services and Content are provided “as is”, “as available” and without warranty of any kind, express or implied, including but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose. Any warranties implied by the course of performance or usage of Platform are hereby expressly disclaimed. Zavienta makes no representations concerning any Content accessed through the Services on the Platform and We will not be responsible for accuracy of such Content.
11. INDEMNIFICATION
11.1. You agree to indemnify and hold harmless Zavienta, its owners, affiliates, officers, directors, managers, and employees from and against any claims, actions, demands, liabilities, losses, damages, settlements, and expenses, including, without limitation, reasonable legal and attorney’s fees, arising directly or indirectly out of or related to Your violation of these Terms or activities in connection with Your use of the Services. You further agree to cooperate, as reasonably required, in the defence of any such claim.
11.2. Zavienta reserves the right to assume the exclusive defence and control of any matter subject to indemnification under this provision, and You agree not to settle any such matter without the prior written consent of Zavienta.
12. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES DO WE, OR ANY OF OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTRIBUTORS, ACCEPT ANY LIABILITY UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY IN CONNECTION WITH THE SERVICES (I) FOR ANY LOSS OF PROFITS, LOSS OF DATA, OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY NATURE, REGARDLESS OF HOW THEY RISE (II) FOR ANY HARM CAUSED BY VIRUSES, MALWARE, TROJAN HORSES, OR SIMILAR HARMFUL COMPONENTS, OR (III) FOR ANY DIRECT DAMAGES EXCEEDING THE TOTAL AMOUNT OF $500.00.
13. GOVERNING LAW
The provisions set forth herein must be governed by and construed in accordance with the laws of the State of Florida, United States.
14. DISPUTE RESOLUTION
KINDLY READ THIS SECTION CAREFULLY, AS IT REFLECTS SIGNIFICANT IMPLICATIONS FOR YOUR LEGAL RIGHTS, INCLUDING YOUR CAPACITY TO INITIATE LEGAL PROCEEDINGS IN A COURT OF LAW.
14.1. Informal dispute resolution. In the event that a dispute arises between You and Zavienta, We will endeavour to resolve the matter amicably in good faith and to the mutual satisfaction of both parties involved. Should You have any concerns regarding the Services and the Content, you hereby agree to initially reach out to Us at customersupport@zavienta.com, accompanied with a brief description including (i) Your name; (ii) nature or basis of the claim or dispute; and (iii) the specific relief sought, thereby affording Us the opportunity to address and resolve the matter at hand. In case Zavienta raises a dispute, a written notice along with the details of the dispute will be delivered to Your linked email address. Both parties shall strive to resolve the dispute amicably in sixty (60) days.
14.2. Binding arbitration. If the parties are unable to resolve the dispute through good-faith efforts, then either party may elect to initiate arbitration with a written notice to initiate a binding arbitration via email.
14.3. The arbitration proceedings will take place within the jurisdiction of the State of Florida, United States, adhering to the regulations set forth by the American Arbitration Association (AAA) Rules and the language of the arbitration shall be English.
14.4. Any arbitration demand or counterclaim filed by either party shall contain sufficient detail to provide the opposing party with reasonable notice of the identity of the claimant, the nature of the claims asserted, and the material factual allegations supporting those claims. Such submission shall further include satisfactory evidence establishing that the claimant is a party to these Terms of Service and all other agreements if executed amongst the parties.
14.5. The parties agree and acknowledge that to the maximum extent permissible by law, all arbitration proceedings shall be conducted solely on an individual basis, and not as a class action suit.
14.6. There shall be a panel of three (3) arbitrators (hereinafter “the Panel”) appointed in accordance with the following. Each party will select one independent, impartial and conflicts-free neutral and those two neutrals will select a third independent, impartial, and conflicts-free neutral. The arbitral award shall be final and binding on the Parties.
14.7. The Panel will possess sole authority to adjudicate all disputes and is empowered to grant any relief that would be accessible in a court of law pursuant to legal principles or equitable doctrines. The Panel shall have the authority to award sanctions if claims and submissions are found to be frivolous and in bad faith.
14.8. The parties agree that any award of damages or other relief granted in arbitration shall be consistent with the “Limitation of Liability” section of this Terms, no arbitration award or decision shall have any preclusive or collateral estoppel effect with respect to any claims or issues in a separate dispute involving any person or entity who is not a named party to the arbitration. The determination rendered by the arbitrator will be conclusive and obligatory for both parties.
14.9. Notwithstanding the foregoing, the parties agree to the exclusive jurisdiction of the local courts of the State of Florida in the event of claims for the alleged infringement or misappropriation of intellectual property including patents, copyrights, and trademarks.
15. MISCELLANEOUS
15.1. Force Majeure. Zavienta must be exempted from fulfilling its obligations under these Terms to the extent that its performance is hindered or postponed, in whole or in part, due to an event or series of events that are caused by or arise from meteorological phenomena; natural calamities; or other unforeseen events of a divine nature; acts of warfare, terrorism, insurrection, civil disturbances, or rebellion; quarantines, epidemics, pandemics, or trade restrictions; labour strikes or industrial conflicts; inaccuracies, interruptions, or malfunctions in significant computer hardware, networks, or software systems; or any other circumstances beyond the reasonable control of Zavienta.
15.2. Notices. Unless otherwise specified in these Terms, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
15.3. Severability. In the event that any of the provisions of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
15.4. Independent relationship. These Terms of Service do not create any agency, partnership, joint venture, or employment relationship between the parties involved. Neither party has the authority to act on behalf or legally bind the other in any way.
16. CONTACT
For questions or support, contact us at:
Email: customersupport@zavienta.com