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Date of Last Revision: 1 May 2011
NOTJUSTALABEL.com is a business directory and networking service for the fashion industry provided by NOT JUST A LABEL Ltd., of 2B Blackall Street, London EC2A 4AD. The services offered by NOTJUSTALABEL.com ("NOTJUSTALABEL.com", "NJAL" or "we") include the NOTJUSTALABEL.com website (the "NOT JUST A LABEL Website"), all affiliated domains (NOTJUSTALABEL.net, NOTJUSTALABEL.co.uk, NJAL.co.uk), the NOTJUSTALABEL.com internet messaging service, and any other features, content, or applications offered from time to time by NOTJUSTALABEL.com in connection with the NOT JUST A LABEL Website (collectively, the " NOT JUST A LABEL Services").
NOTJUSTALABEL.com may modify this Agreement from time to time and such modification shall be effective upon posting by NOTJUSTALABEL.com on the NOTJUSTALABEL Website. If you do not agree with such modification you have the right to terminate your membership with NOT JUST A LABEL. You agree to be bound to any changes to this Agreement when you use the NOT JUST A LABEL Services after the modification has been posted for at least one month. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on NOTJUSTALABEL.com and that you provide to other Users. Your NOTJUSTALABEL.com profile may not include the following items: photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other NOTJUSTALABEL.com Members (for instance, in their Look book) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and NOTJUSTALABEL.com assumes no responsibility or liability for this material. If you become aware of misuse of the NOT JUST A LABEL Services by any person, please contact NOT JUST A LABEL.
Use of and Membership in the NOT JUST A LABEL Services is void where prohibited. By using the NOT JUST A LABEL Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the NOT JUST A LABEL Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.
TERM AND TERMINATION
- This Agreement shall remain in full force and effect while you use the NOT JUST A LABEL Services or are a Member.
- You may terminate your Membership at any time, for any reason, by contacting the NJAL support team and asking for deletion of your account. NOTJUSTALABEL.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
NOTJUSTALABEL.com reserves the right to alter, to depart from or to cease offering its services free of charge at any time, taking into account NOTJUSTALABEL.com's legitimate interests and reasonable consumer expectations. NOTJUSTALABEL.com will inform Members by email if a service is to be offered in the future for a fee. You can then decide if you want to continue to use such service. Your continued use of the service after the proposed fee modification for at least one month will be considered acceptance of the proposed fee modification. The same applies if fees are raised by NOTJUSTALABEL.com. If NOTJUSTALABEL.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify NOTJUSTALABEL.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
NON-COMMERCIAL USE BY MEMBERS
The NOT JUST A LABEL Services are for the personal use of Members only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by NOTJUSTALABEL.com. Illegal and/or unauthorized use of the NOT JUST A LABEL Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the NOT JUST A LABEL Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the NOT JUST A LABEL Services.
PROPRIETARY RIGHTS IN CONTENT ON NOTJUSTALABEL.com
- NOTJUSTALABEL.com does not claim any ownership rights in the text, files, images, photos, video, works of authorship, or any other materials (collectively "Content") that you post to the NOT JUST A LABEL Services. After posting your Content to the NOT JUST A LABEL Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the NOT JUST A LABEL Services, you hereby grant to NOTJUSTALABEL.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the NOT JUST A LABEL Services. Without this license, NOTJUSTALABEL.com would be unable to provide the NOT JUST A LABEL Services. For example, without the right to modify Member Content, NOTJUSTALABEL.com would not be able to digitally compress files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, NOTJUSTALABEL.com could not allow Users to access files posted by Members. The license you grant to NOTJUSTALABEL.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to NOTJUSTALABEL.com), fully-paid and royalty-free (meaning that NOTJUSTALABEL.com is not required to pay you for the use on the NOT JUST A LABEL Services of the Content that you post), sub licensable (so that NOTJUSTALABEL.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the NOT JUST A LABEL Services), and worldwide (because the Internet and the NOT JUST A LABEL Services are global in reach). This license will terminate at the time you remove your Content from the NOT JUST A LABEL Services. The license does not grant NOTJUSTALABEL.com the right to sell your Content, nor does the license grant NOTJUSTALABEL.com the right to distribute your Content outside of the NOT JUST A LABEL Services.
- You represent and warrant that: (i) you own the Content posted by you, you created the garment shown in your showcase by yourself or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the NOT JUST A LABEL Services does not violate the privacy rights, publicity rights, intellectual property rights (including copyrights), contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the NOT JUST A LABEL Services.
- The NOT JUST A LABEL Services contain Content of NOTJUSTALABEL.com ("NOTJUSTALABEL.com Content"). NOTJUSTALABEL.com Content is protected by copyright, trademark, patent, trade secret and other laws, and NOTJUSTALABEL.com owns and retains all rights in the NOTJUSTALABEL.com Content and the NOT JUST A LABEL Services. All images, graphics, text, design elements and all other content represented on this website are copyrighted and are the sole property of NOT JUST A LABEL. All use and/or publication rights are reserved worldwide. No images or other content on this website may be copied, stored, manipulated, published, sold or reproduced in whole or in part in any form without the prior written authorisation of an authorised representative of NOT JUST A LABEL. NOTJUSTALABEL.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the NOTJUSTALABEL.com Content (excluding any software code) solely for your personal use in connection with viewing the NOT JUST A LABEL Website and using the NOT JUST A LABEL Services.
- The NOT JUST A LABEL Services contain Content of Users and other NOTJUSTALABEL.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the NOT JUST A LABEL Services.
- NOTJUSTALABEL.com may delete any Content that in the sole judgment of NOTJUSTALABEL.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. NOTJUSTALABEL.com assumes no responsibility for monitoring the NOT JUST A LABEL Services for inappropriate Content or conduct. If at any time NOTJUSTALABEL.com chooses, in its sole discretion, to monitor the NOT JUST A LABEL Services, NOTJUSTALABEL.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
- You are solely responsible for the Content that you post on or through any of the NOT JUST A LABEL Services, and any material or information that you transmit to other Members and for your interactions with other Users. NOTJUSTALABEL.com does not endorse and has no control over the Content. Content is not necessarily reviewed by NOTJUSTALABEL.com prior to posting and does not necessarily reflect the opinions or policies of NOTJUSTALABEL.com. NOTJUSTALABEL.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the NOT JUST A LABEL Services. NOTJUSTALABEL.com reserves the right to investigate and take appropriate legal action against anyone who, in NOTJUSTALABEL.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the NOT JUST A LABEL Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of NOTJUSTALABEL.com:
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as showing garments and items, providing images or videos not belonging to you;
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent;
The following is a partial list of the kind of activity that is illegal or prohibited on the NOT JUST A LABEL Website and through your use of the NOT JUST A LABEL Services. NOTJUSTALABEL.com reserves the right to investigate and take appropriate legal action against anyone who, in NOTJUSTALABEL.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any Member to buy or sell any products or services through the NOT JUST A LABEL Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the NOT JUST A LABEL Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, NOTJUSTALABEL.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which NOTJUSTALABEL.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the NOT JUST A LABEL Services, you acknowledge that you will have caused substantial harm to NOTJUSTALABEL.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay NOTJUSTALABEL.com £100.- for each such unsolicited email, advertisement, junk emails or chain letters or other unsolicited communication you send, acting culpably, through the NOT JUST A LABEL Services, regardless of the number of recipients of such email. NOTJUSTALABEL.com is entitled to additional compensation of damages beyond £100.-. You have the right to prove that NOTJUSTALABEL.com's damages are below £100.-;
- covering or obscuring the banner advertisements on your personal profile page, or any NOTJUSTALABEL.com page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the NOT JUST A LABEL Services or the networks or services connected to the NOT JUST A LABEL Services;
- attempting to impersonate another Member or person;
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile;
- using any information obtained from the NOT JUST A LABEL Services in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the NOT JUST A LABEL Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
- using the NOT JUST A LABEL Services in a manner inconsistent with any and all applicable laws and regulations.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of NOTJUSTALABEL.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to NOTJUSTALABEL.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the NOT JUST A LABEL Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the NOT JUST A LABEL Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. NOTJUSTALABEL.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, NOT JUST A LABEL, 2B Blackall Street, London EC2A 4AD.
You are solely responsible for your interactions with other NOTJUSTALABEL.com Members. NOTJUSTALABEL.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
NOTJUSTALABEL.com will not be responsible for any incorrect or inaccurate Content posted on the NOT JUST A LABEL Website or in connection with the NOT JUST A LABEL Services, whether caused by Users of the NOT JUST A LABEL Services or by any of the equipment or programming associated with or utilized in the NOT JUST A LABEL Services. Profiles created and posted by Members on the NOT JUST A LABEL Website may contain links to other websites. NOTJUSTALABEL.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by NOTJUSTALABEL.com. Inclusion of any linked website on the NOT JUST A LABEL Services does not imply approval or endorsement of the linked website by NOTJUSTALABEL.com. When you access these third-party sites, you do so at your own risk. NOTJUSTALABEL.com takes no responsibility for third party advertisements which are posted on this NOT JUST A LABEL Website or through the NOT JUST A LABEL Services, nor does it take any responsibility for the goods or services provided by its advertisers. NOTJUSTALABEL.com is not responsible for the conduct, whether online or offline, of any User of the NOT JUST A LABEL Services. In addition, NOTJUSTALABEL.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. NOTJUSTALABEL.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the NOT JUST A LABEL Services or combination thereof.
EXCLUSION OF WARRANTY
The NOT JUST A LABEL Services are provided "AS-IS" and as available. NOTJUSTALABEL.com does not warrant of timely, secure, error- and interruption-free provision of NOT JUST A LABEL Services. NOTJUSTALABEL.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. NOTJUSTALABEL.com cannot guarantee and does not promise any specific results from use of the NOT JUST A LABEL Services. The exclusion of warranties does not affect your right of withdrawal.
If there is any dispute about or involving the NOT JUST A LABEL Services, you agree that the dispute shall be governed by the exclusive jurisdiction of the Courts of England and Wales.
You agree to indemnify and hold NOTJUSTALABEL.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the NOT JUST A LABEL Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the NOT JUST A LABEL Website or through the NOT JUST A LABEL Services causes NOTJUSTALABEL.com to be liable to another, provided that this was caused by culpable conduct.
This Agreement is accepted upon your use of the NOT JUST A LABEL Website or any of the NOT JUST A LABEL Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and NOTJUSTALABEL.com regarding the use of the NOT JUST A LABEL Services. The failure of NOTJUSTALABEL.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us with any questions regarding this Agreement.
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