1 | INTRODUCTION
NOTJUSTALABEL.com is a business directory and networking service for the fashion industry provided by NOT JUST A LABEL Ltd., of W1S 4FF The services offered by NOT JUST A LABEL Ltd ("NOTJUSTALABEL.com", "NJAL" or "we" or “us” or “our”) include the NOTJUSTALABEL.com website (the "NOT JUST A LABEL Website" or “the Website”), all affiliated domains (NOTJUSTALABEL.net, NOTJUSTALABEL.co.uk, NJAL.co.uk), the NOTJUSTALABEL.com internet messaging service, and any other features, content, applications and subscriptions offered from time to time by NOTJUSTALABEL.com in connection with the NOT JUST A LABEL Website (collectively, the " NOT JUST A LABEL Services").
NOT JUST A LABEL Ltd may modify this Agreement from time to time and such modification shall be effective upon posting by NOT JUST A LABEL Ltd on the Website. If you do not agree with such modification you have the right to terminate your agreement with NOT JUST A LABEL Ltd. For the avoidance of doubt if you are a Subscriber and you wish to terminate your agreement (without giving the requisite notice as detailed in clause 4 below) you will still be liable to pay any Subscription Fees owed to NOT JUST A LABEL Ltd in accordance with your Subscription, You agree to be bound to any changes to this Agreement when you use the NOT JUST A LABEL Services as they are legally binding on you.. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
2 | ELIGIBILITY
Use and Membership of or Subscription to 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 16 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 16 years of age.
3 | MEMBERSHIP
NOT JUST A LABEL Ltd offers their Members access to a subscription program called NJAL+ ("Subscription"). Once you have signed up to a Subscription you will be classed as a Subscriber (not a Member).
NJAL+ gives Subscribers access to:
- (a) a unique and tailor-cut toolkit which may include but shall not be limited to: sales, personal relations and marketing services and opportunities, education materials and news, business to business services such as discounted magazine subscriptions, IT services, shipping, hotel and car rental, and workshops, seminars, lectures, shows and other events (for the avoidance of doubt, Subscribers acknowledge and agree that the contents of the toolkit is subject to availability and may change from time to time);
- (b) bespoke services/offers/discounts offered by third party suppliers. These bespoke services and/or offers may be presented to Subscribers on an offer application basis (where NOT JUST A LABEL Ltd will contact individual Subscribers in relation to such offers) or via the NJAL+ home page to which all Subscribers shall have access; and
- (c)“Shop This Designer”, a functionality available on each Subscriber's profile, which will link Subscribers to certain designers’ personal online stores. For the avoidance of doubt, and in accordance with clause 14 (LIABILITY DISCALAIMER) below, Subscribers acknowledge and agree that when they click on any and all links to designers' online stores they shall be leaving the Website and entering a third party site and as such NOT JUST A LABEL Ltd shall have no control over or liability in in respect of any and all interactions between a Subscriber and a third party designer.
4 | TERM & TERMINATION
This Agreement shall remain in full force and effect while you use the NOT JUST A LABEL Services or are a Member. If you are a Member and not a Subscriber, you may terminate your Membership at any time, for any reason, by contacting us and asking for deletion of your account. NOT JUST A LABEL Ltd may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.
Subscribers shall sign up to a twelve (12) month Subscription (the "Initial Term"). This Subscription shall automatically renew for successive twelve (12) month periods (each a "Renewal Term") unless the Subscriber notifies NOT JUST A LABEL LTD in writing at least thirty (30) days prior to the expiration of the Initial Term or any then current Renewal Term of its intention for the Subscription not to renew, in which case the Subscription shall terminate at the end of the Initial Term or the then current Renewal Term, as applicable. NOT JUST A LABEL Ltd may terminate your Subscription at any time, without warning if you breach the terms of this Agreement.
5 | FEES
Visitors and Members shall not be charged for the Services. Subscribers shall be charged Subscription Fees for the Subscription as detailed below. In respect of Visitors and Members who are not paying any fees, NOT JUST A LABEL Ltd reserves the right to alter, to depart from or to cease offering its Services free of charge at any time, taking into account NOT JUST A LABEL Ltd's legitimate interests and reasonable consumer expectations. NOT JUST A LABEL Ltd will inform Members by email if the Services are to be offered in the future for a fee. You can then decide if you want to continue to use such Services. Your continued use of the Services after the proposed fee modification has been notified to you for at least one month will be considered acceptance of the proposed fee modification.
Subscribers to NJAL+ may benefit from an annual overall discount if they pre-pay for their subscription annually ($588 per year) or can benefit from increased flexibility by paying monthly ($59 per month, which equates to $708 per year) ("Subscription Fees"). Subscription Fees shall be payable in advance (both monthly and annually) to NOT JUST A LABEL LTD by Subscribers. Subscription Fees shall be paid by Subscribers through the Website; however, payments will be processed by a third party payment processor, Stripe, in accordance with its standard terms and conditions: https://stripe.com/gb/ssa.
If NOT JUST A LABEL Ltd terminates your Membership/Subscription because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of the Subscription Fees.
6 | PASSWORD
When you sign up to become a Member/Subscriber, 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/Subscriber at any time or to disclose your password to any third party. You agree to notify NOT JUST A LABEL Ltd 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.
7 | NON-COMMERCIAL USE BY MEMBERS
The NOT JUST A LABEL Services are for the personal use of Members/Subscribers only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by NOT JUST A LABEL Ltd. Illegal and/or unauthorized use of the NOT JUST A LABEL Services, including collecting usernames and/or email addresses of Members/ Subscribers by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member/ Subscriber profiles without notice and may result in termination of Membership/Subscription privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the NOT JUST A LABEL Services.
8 | PROPRIETARY RIGHTS OF CONTENT ON NOTJUSTALABEL.COM
NOT JUST A LABEL Ltd 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 Website. After posting your Content to the Website, 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 NOT JUST A LABEL Ltd 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, NOT JUST A LABEL Ltd would be unable to provide the NOT JUST A LABEL Services. For example, without the right to modify Member Content, NOT JUST A LABEL Ltd 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, NOT JUST A LABEL Ltd could not allow Users to access files posted by Members. The license you grant to NOT JUST A LABEL Ltd 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 NOT JUST A LABEL Ltd 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 NOT JUST A LABEL Ltd 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 NOT JUST A LABEL Ltd the right to sell your Content, nor does the license grant NOT JUST A LABEL Ltd 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 NOT JUST A LABEL Ltd ("NOT JUST A LABEL Ltd Content"). NOT JUST A LABEL Ltd Content is protected by copyright, trademark, patent, trade secret and other laws, and NOT JUST A LABEL Ltd owns and retains all rights in the NOT JUST A LABEL Ltd 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 Ltd. 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 Ltd. NOT JUST A LABEL Ltd hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the NOT JUST A LABEL Ltd Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the NOT JUST A LABEL Services.
The NOT JUST A LABEL Services contain Content of Users and other NOT JUST A LABEL Ltd 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.
Any NOT JUST A LABEL Ltd trademarks, graphics, texts, logos, designs, trade dress, image or business style infringement, are covered by copyright, trademark, patent, trade secret and other laws and any misuse, misrepresentation or false designation of origin shall be enforced by English Courts (jurisdiction and venue), in accordance with or as English Law may apply. The software code and applications created by NOT JUST A LABEL.com to generate its pages is also protected by our copyright and shall not be copied or adapted. The other registered and unregistered trademarks or service marks on our Website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
9 | CONTENT POSTED
NOT JUST A LABEL Ltd may delete any Content that in the sole judgment of NOT JUST A LABEL Ltd violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. NOT JUST A LABEL Ltd assumes no responsibility for monitoring the NOT JUST A LABEL Services for inappropriate Content or conduct. If at any time NOT JUST A LABEL Ltd chooses, in its sole discretion, to monitor the NOT JUST A LABEL Services, NOT JUST A LABEL Ltd 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. NOT JUST A LABEL Ltd does not endorse and has no control over the Content. Content is not necessarily reviewed by NOT JUST A LABEL Ltd prior to posting and does not necessarily reflect the opinions or policies of NOT JUST A LABEL Ltd. NOT JUST A LABEL Ltd 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.
10 | PROHIBITED CONTENT/ACTIVITY
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. NOT JUST A LABEL Ltd reserves the right to investigate and take appropriate legal action against anyone who, in NOT JUST A LABEL Ltd's sole discretion, violates this provision, including without limitation, removing the offending communication from the NOT JUST A LABEL Services and terminating the Membership/Subscription of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of NOT JUST A LABEL Ltd:
- 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 Website and through your use of the NOT JUST A LABEL Services. NOT JUST A LABEL Ltd reserves the right to investigate and take appropriate legal action against anyone who, in NOT JUST A LABEL Ltd'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, NOT JUST A LABEL Ltd 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 NOT JUST A LABEL Ltd 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 NOT JUST A LABEL Ltd 100GBP 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. NOT JUST A LABEL Ltd is entitled to additional compensation of damages beyond 100GBP.-. You have the right to prove that NOT JUST A LABEL Ltd.'s damages are below 100GBP.-;
- 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.
11 | COPYRIGHT POLICY
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 NOT JUST A LABEL Ltd to terminate Membership/Subscription privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to NOT JUST A LABEL Ltd 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. NOT JUST A LABEL Ltd's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, NOT JUST A LABEL, 26 DOVER STREET, LONDON W1S 4LY.
12 | COMPETITIONS
From time to time NOT JUST A LABEL Ltd may run competitions and/or other promotions on the Website. These will be subject to separate terms and conditions (that NOT JUST A LABEL Ltd will make available to you as appropriate).
13 | MEMBER DISPUTES
You are solely responsible for your interactions with other NOT JUST A LABEL Ltd Members. NOT JUST A LABEL Ltd reserves the right, but has no obligation, to monitor disputes between you and other Members.
14 | PRIVACY
Use of the NOT JUST A LABEL Services is also governed by our Privacy and Cookies Policy, which is incorporated into this Agreement by this reference.
15 | LIABILITY DISCLAIMER
NOT JUST A LABEL Ltd 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/Subscribers on the Website may contain links to other websites. NOT JUST A LABEL Ltd 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 NOT JUST A LABEL Ltd. Inclusion of any linked website on the NOT JUST A LABEL Services does not imply approval or endorsement of the linked website by NOT JUST A LABEL Ltd. When you access these third-party sites, you do so at your own risk. NOT JUST A LABEL Ltd 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. NOT JUST A LABEL Ltd is not responsible for the conduct, whether online or offline, of any User of the NOT JUST A LABEL Services. In addition, NOT JUST A LABEL Ltd 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. NOT JUST A LABEL Ltd 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.
If you are a Subscriber, you acknowledge and agree that as part of your Subscription you may be offered third party services including but not limited to services, products and discounts through the Website. If, as a Subscriber you choose to click on third party links to third party sites and engage/contract with third parties (in any way) you acknowledge and agree that you have left the Website and that these third party service offerings are provided by third party providers and as such NOT JUST A LABEL Ltd has no control over and shall not be responsible or liable for such third party service offerings.
For the avoidance of doubt, NOT JUST A LABEL Ltd shall not be responsible for or liable for any acts or omissions of any third party providers that a Subscriber may contract with/be introduced to (in any capacity) through the Website. This includes any and all third party offerings, including but not limited to all services/products offered to Subscribers as part of their Subscription to NJAL+.
Nothing in this Agreement shall exclude NOT JUST A LABEL Ltd's liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by law.
16 | EXCLUSION OF WARRANTY
The NOT JUST A LABEL Services are provided "AS-IS" and as available. NOT JUST A LABEL Ltd does not warrant of timely, secure, error - and interruption-free provision of NOT JUST A LABEL Services. NOT JUST A LABEL Ltd expressly disclaims any warranty of fitness for a particular purpose or non-infringement. NOT JUST A LABEL Ltd 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.
17 | DISPUTES
If there is any dispute about or involving NOT JUST A LABEL Ltd, you agree that the dispute shall be governed by the exclusive jurisdiction of the Courts of England and Wales.
18 | INDEMNITY
You agree to indemnify and hold NOT JUST A LABEL Ltd, 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 NOT JUST A LABEL Ltd to be liable to another, provided that this was caused by culpable conduct.
19 | OTHER
This Agreement together with the Privacy and Cookies Policy is accepted upon your use of the 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 NOT JUST A LABEL Ltd regarding the use of the NOT JUST A LABEL Services. The failure of NOT JUST A LABEL Ltd 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.