It is to be noted that the brand and the APP “Tashann”, the tagline “At Your Best”, along with “Tashaan – At Your Best”, WEBSITE www.tashannapp.com, the logo, ”@tashannapp” and “@tashannatyourbest” are owned by and the property of Creative Den LLP; hereinafter referred to collectively and interchangeably as “Tashann” for the purpose of this document.
1. Basic Terms
A. By using or visiting the Tashann website (the “Site”), Tashann mobile application(s) (the “Apps”) or any Tashann products, software, data feeds, and services provided to you on or through the Tashann website and mobile application (collectively the “Service(s)”) you are entering a legally binding agreement with Creative Den LLP. If you do not agree to any of these terms, you may not use the Service. Although we may attempt to notify you when changes are made to these Terms of Service, you should periodically review the most up-to- date version under the Terms of Service. Tashann may, at its sole discretion, modify or revise these Terms of Service at any time, and, by continuing to use or visit the Service after updated Terms have been posted you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any 3 rd party rights or benefits.
B. You are responsible for your use of the Service, for any information, including personal information, you post to the Service, and for any consequences thereof. You may use the Service only if you are above the stipulated age and can form a binding contract with Tashann or are using the Service under the direct direction of a parent or guardian that can accept these terms on your behalf. No user under the recommended age as prescribed by your country of residence should use the Service for any reason. You also affirm that you are not a person barred from receiving services under the laws of the applicable jurisdiction. If you are accepting these Terms and using the Service on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. If you are using the Service on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
C. In order to access some features of the Service, you will have to create a Tashann Account. You may never use another’s account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Tashann immediately if any breach of security or unauthorized use of your account occurs. Although Tashann will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Tashann or others due to any unauthorized use.
D. You are responsible for safeguarding the password or credentials that you use to access the Service and for any activities or actions or use of services under your account. We encourage you to use strong passwords with your account.
E. The Service that Tashann provides are always evolving and the form and nature of the Service may change from time to time without prior notice to you. In addition, Tashann may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use, features, data and storage at our sole discretion at any time without prior notice to you.
F. The Service may include advertisements, which may be targeted to the content or information on the Service, queries made through the Service, or other information. The types and extent of advertising on the Service are subject to change. In consideration for Tashann granting you access to and use of the Service, you agree that Tashann and its parent, third party providers and partners may place such advertising on the Service or in connection with the display of content or information from the Service whether submitted by you or others.
G. These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, interactive features, and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Tashann.
2. Privacy
A. Any information that you provide to Tashann is subject to the Tashann Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the country of jurisdiction and/or other countries for storage, processing and use by Tashann. As part of providing you the Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service and your Tashann account, which you may not be able to opt- out from receiving.
B. As a Tashann account holder you may submit content to the Service, including images, outfits, photos, and user comments. Please be aware that any Content you upload to publicly accessible portions of the Service may be available to other registered users of the Service and may be accessible by members of the general public. Please only post content that you are comfortable sharing and that you have the full right and authority to post in accordance with these terms. C. Tashann may store your content and other data in cloud based databases and analytical platforms. For more information, please see our Privacy Policy or contact us at info@tashannapp.com
3. Content on the Service
All Content is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content posted via the Service and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Tashann be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
4. Your Rights
You retain your rights to any Content you submit or post or display on or through the Service. In order to make the Service available to you and other users, Tashann needs a license from you. By submitting, posting or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for Tashann to provide, promote, and improve the Service and to make Content submitted to or through the Service available to other companies, organizations or individuals who partner with Tashann for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Tashann, or other companies, organizations or individuals who partner with Tashann, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Service. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, Service or media. You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. Tashann will not be responsible or liable for any use of your Content by Tashann in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. You understand and agree, however, that Tashann may retain, display, distribute or perform, server copies of your Content that have been removed or deleted.
5. Tashann’s Rights
All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of Tashann and its licensors. Tashann reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Tashann, or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
6. Restrictions On Content And Use Of The Service
A. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to suspend and or terminate users or reclaim usernames without liability to you. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have all the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Tashann all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
B. You will NOT post Content that:
Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others; Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights; Is a direct and specific threat of violence to others; Violates any applicable Community Guidelines; Violates any contractual obligation to refrain from photographing, filming or streaming any performance, event, film, concert, sporting event or other happening; Is furtherance of illegal activities; or Is harassing, abusive, promotes bullying, pornographic, or constitutes spam. Tashann, in its sole discretion, may remove Content that it determines to violate this section.
C. You agree not to distribute in any medium any part of the Service or the Content without Tashann’s prior written authorization, unless Tashann makes available the means for such distribution through functionality offered by the Service (such as a link to embed on other social media platforms). You agree not to access Content through any technology means or means other than the content playback pages of the Service itself or other explicitly authorized means Tashann may designate. You shall not download any Content unless you see or are provided a “download” or similar link displayed by Tashann on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Tashann or the respective licensors of the Content. Tashann and its licensors reserve all rights not expressly granted in and to the Service and the Content.
D. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Tashann, its users and the public. Tashann does not disclose, sell, or otherwise make available any personally identifying information to third parties except in accordance with our Privacy Policy.
E. You may not do any of the following while accessing or using the Service: (i) access, tamper with, or use non-public areas of the Service, Tashann's computer systems, or the technical delivery systems of Tashann providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Tashann (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Tashann (NOTE: scraping the Service without the prior consent of Tashann is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
F. You agree not to use the Service for any of the following uses unless you obtain Tashann’s prior written approval: the sale of access to the Service; the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog, website or application containing Content delivered via the Service, unless other material not obtained from Tashann appears on the same page and is sufficient of value to be the basis for such sales.
G. In your use of the Service, you will comply with all applicable laws.
7. Account Termination Policy
The Terms will continue to apply until terminated by either you or Tashann as follows. You may end your legal agreement with Tashann at any time for any reason by deactivating your accounts and discontinuing your use of the Service. We may suspend or terminate your accounts or cease providing you with all or part of the Service at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Service to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Service the next time you attempt to access your account. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Service, except those terms you would expect to survive termination of this Agreement. Nothing in this section shall affect Tashann's rights to change, limit or stop the provision of the Service without prior notice.
8. Billing
If you purchase products or Service directly from Tashann, you authorize Tashann to charge the applicable fees to you, including any ongoing charges for subscription renewals, through the designated payment method. You understand and acknowledge that Tashann may adjust the pricing for its products and Service in the future and that you will be charged such adjusted fees on a going forward-basis after notice to you from Tashann. If you purchase a subscription from Tashann, your subscription will automatically renew at the end of each subscription term until you cancel the subscription. If you cancel a subscription, your subscription will terminate at the end of your current subscription period. You acknowledge that any payments you make to Tashann are non-refundable. Tashann may, at its discretion, provide you with a credit or refund, but such issuance of a credit or refund does not obligate Tashann to provide you credits or refunds in the future.
9. Warranty Disclaimed
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK AND AGREE THAT THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, TASHANN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. TASHANN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS APP/SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS APP/SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. TASHANN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TASHANN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL TASHANN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT TASHANN SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU AND TASHANN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The Service is controlled and offered by Tashann from its facilities in India. Tashann makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
11. Links and Third Party Apps/Websites
The Service may contain links to third-party apps, websites or resources. Please be aware that if you upload, link or share any Content created on the Service to any third party apps or website or services, including without limitation to Instagram, Snapchat, Facebook, You Tube, WhatsApp, Pinterest, LinkedIn, Twitter or any Social Media App; your Content will be subject to the privacy policies terms and conditions of those websites and mobile apps, which may have different rights, rules and policies than provided herein. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such apps, websites or resources; or (ii) the content, products, or services on or available from such apps, websites or resources. Links to such apps, websites or resources do not imply any endorsement by Tashann Entities of such apps, websites or resources or the content, products, or services available from such apps, websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such apps, websites or resources. Please review all applicable terms and policies before uploading your Content to any third party app/website.
12. Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Tashann, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
13. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Tashann without restriction.
14. General Terms: Waiver and Severability
A. Waiver
No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Tashann's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of Mumbai, India without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Service will be brought solely in the courts located in Mumbai, India, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
C. Entire Agreement and Severability
These Terms of Service, together with the Privacy Notice at
https://www.tashannapp.com/privacy as applicable, the Tashann Licensing Agreement, and any other legal notices published by Tashann on the Service, shall constitute the entire agreement between you and Tashann concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
D. Changes to the Agreement
We may revise these Terms from time to time, the most current version will always be at https://tashannapp.com/terms-of-service.html. Tashann may, in its sole discretion, notify you via email to the email associated with your account or through the Service. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth above. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Creative Den LLP for Tashann, located at Mumbai, Maharashtra, India.
Please contact us if you have any questions about our Privacy Policy or Terms of Service.
Email: info@tashannapp.com
Effective: 10 June, 2023