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Terms of Use

Ethical Fashion Forum

WEBSITE TERMS OF USE

Last updated: 11th February 2011

1. INTRODUCTION

1.1 Welcome to the Ethical Fashion Forum (“EFF” “we”, “us”), an industry body dedicated to the sustainable future of fashion. These Terms of Use (“Terms of Use”) (together with any documents referred to below) govern the way in which you may use the Ethical Fashion Forum website at www.ethicalfashionforum.com and any related domains (the “Site”), whether as a visitor to the Site or as a registered user. Please read through these Terms of Use carefully before you start to use the Site as they form a legally binding contract between you and the Site relating to your use of the Site. By using the Site, you accept these Terms of Use and agree to be bound by them. If you do not accept these Terms of Use, please refrain from using the Site.

1.2 EFF may, at our sole discretion and at any time without notice to you, make changes to these Terms of Use. If we do this, we will either post the changes on this page and will indicate the effective date of the Terms of Use at the top of the page, or, we may send an email to registered users notifying them of any changes. You should, however, check this page on a regular basis to take notice of any changes.

1.3 If you find any change to these Terms of Use unacceptable, you should stop using the Site immediately. If you continue to use the Site following a new set of terms being posted on the Site, you will be deemed to have accepted such new Terms of Use and will be legally bound by them.

2. ACCESSING THE SITE

2.1 The Site may be accessed through the internet or through WAP services provided by certain mobile network providers and such access is permitted on a temporary basis. EFF reserves the right to, at our sole discretion, withdraw or vary the services we provide on the Site without any prior notice.

2.2 We are constantly seeking to improve and develop the Site and from time to time, EFF may restrict access to some parts of the Site, or the entire Site. You accept EFF will not be liable if, for any reason, the Site is unavailable at any time or for any period.

2.3 By registering as a user on the Site, you represent and warrant that you are aged 14 or over and that you have the capacity to understand, agree to be bound by and comply with these Terms of Use.

2.4 You are responsible for making all arrangements necessary for you to have access to the Site including any charges associated with such access. EFF shall not be held responsible for any reduced functionality, resulting from or in connection with, you accessing the Site through the internet or WAP services. By accessing or agreeing to receive messages or notifications from the Site through your mobile phone or any other mobile media device you may incur charges from your wireless or mobile service provider. EFF shall not under any circumstances be liable for such charges.

2.5 The Site is maintained, controlled and operated by EFF from the United Kingdom and we make no representation that any of the Site’s content is appropriate or available for use in other territories. If you access the Site from outside the United Kingdom, you accept that you are responsible for compliance with all applicable local laws and regulations.

3. NON-REGISTERED USERS

3.1 As a non-registered user, you will only have access to certain parts of the Site. You will not have a profile page or the ability to upload material, write reviews or be entitled to other benefits of a registered user. You must register as a user if you want to take advantage of these services.

4. REGISTERED USERS

4.1 You must be 14 or over to register for the Site.

4.2 By registering as a user of the Site you accept and agree to be bound by these terms of service and the Site’s privacy policy. You will be required to provide information about yourself when you register. This information must be true, accurate and complete for you to become a registered user. As part of the registration process, you will be asked to select a username and password. You are solely responsible for all acts or omissions that occur under your registered account, including the content of any Material (as defined below) uploaded or submitted on the Site. For this reason, you should make sure that you keep your password secure and do not disclose your username or password to anyone or permit anyone else to use your username or password.

4.3 EFF shall not be held liable for any harm or damage caused or related to the theft, misappropriation of, disclosure of, or authorisation of the use of your username or password. You agree to immediately notify EFF if you become aware of, or suspect that the security of your account has been compromised.

4.4 We may refuse to grant you a username that has already been selected by another user, impersonates someone else, is or may be protected by trademark or other intellectual property law, or is deemed offensive or otherwise inappropriate by EFF, at its sole discretion.

4.5 EFF may at its sole discretion, deactivate any user account or user names that have been inactive for more than 180 days.

5. UPLOADING MATERIAL TO THE SITE

5.1 As a registered user, we may now or in the future provide you with the ability to upload or submit material (including, without limitation, text, photographs, graphics, video or audio material and any underlying material) (“Material”) to the Site. Whenever you make use of a feature that allows you to upload Material to the Site, or make contact with other users of the Site, you must comply with the Content Requirements set out at Section 6 below.

5.2 By uploading or submitting any Material to any area of the Site and in consideration of us providing you with the opportunity to upload or submit Material to the Site (which you acknowledge as a sufficient benefit to you), you irrevocably and unconditionally grant EFF a non-exclusive, irrevocable, unrestricted, worldwide, royalty-free licence (including the right to sub-license) of the entire right, title and interest in and to the Material so that EFF and any successor may, subject to these Terms of Use, use the Material in any way, including (without limitation) the right to copy, edit, adapt, reformat, translate, create derivative works from, incorporate into other works, distribute, perform, play, broadcast, commercialise and otherwise make available to the public the Material (whether in whole or in part, or copies of the same) in any format or medium currently known or developed in the future, for the full period during which such rights subsist (including all renewals, revivals, reversions and extensions of the same) and thereafter to the fullest extent possible in perpetuity.

5.3 You hereby agree to waive any moral rights (or any similar rights in any jurisdiction) you may have in and to any of your Material, even if it is modified, altered or changed in a manner which is not agreeable to you.

5.4 You will remain the owner of the copyright in any original Materials that you submit or upload. The permission which you have granted to us is not exclusive. You may continue to use the Materials in any way, including allowing others to use it, provided that such use does not interfere with or impair the rights you have granted to us.

5.5 You warrant that:

5.5.1 any Material you submit or upload to the Site complies with the Content Requirements set out in Section 6 below; and

5.5.2 the Material is your own original work and you own the entire right, title and interest in and to the Material and/or you have all necessary licences, rights, consents and permissions to use, and to authorise us to use, any and all intellectual property rights in such Material to enable us to use the Material in the manner contemplated by these Terms of Use.

5.6 When you upload Material to the Site it may be publicly available which means that both non-registered and registered users can view your Material. EFF shall be free to position your Material anywhere on the Site, as we choose in our sole discretion.

5.7 EFF does not exercise any editorial control over Material submitted and as such, we do not have any obligation to check the accuracy or truthfulness of the Materials, nor to monitor any users’ use of the Site.

5.8 We have the right but not the obligation, at our sole discretion, to remove any Material that you submit or upload to the Site.

5.9 You agree that by accessing the Site you may be exposed to Material which you find, vulgar, offensive, or otherwise objectionable. You accept that you access the Site at your own risk.

6. CONTENT REQUIREMENTS

6.1 You agree NOT to:

6.1.1 access or use the Site for any unlawful purposes. You must comply at all times with these Terms of Use and with all applicable laws and regulations;

6.1.2 access the Site and its contents for any commercial or similar purpose, including advertising or selling any goods or services [other than to where you are seeking to promote your own ethical fashion business or ethical practices within the fashion industry]. Otherwise, the Site is provided for your own personal and non-commercial use. We reserve the right to remove any links at any time for any reason without notice to you at our sole discretion;

6.1.3 submit or upload Materials that are unlawful or promote or encourage any illegal activity, or that would violate the property or any rights of others;

6.1.4 upload or submit Material that is defamatory, obscene, pornographic, sexually explicit, abusive, harassing, threatening or offensive, racially, ethnically or otherwise objectionable or otherwise violates the privacy, publicity or any other rights of others;

6.1.5 upload or submit any Material that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or otherwise is not in compliance with any applicable law;

6.1.6 copy, adapt, alter or create a derivative work from any content on the Site;

6.1.7 submit Materials of any third party without such third party’s prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by EFF or a third party;

6.1.8 impersonate another person or create a false or misleading identity for the purpose of misleading others as to your identity, or to collect information about other users;

6.1.9 submit any Materials containing links to any offensive or unsuitable website addresses, such as pornographic or commercial sites;

6.1.10 solicit, collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material, data or information, whether personally identifiable or not, posted by or concerning any other use in connection with your Material or in connection with your use of the Site, unless you have obtained the express, prior written permission of such other person, firm or enterprise to do so;

6.1.11 conduct or forward surveys, contests, pyramid selling schemes or chain letters;

6.1.12 submit any material or do anything that results in the transmission of junk email, chain letters, duplicative or unsolicited messages or so-called “spamming” and “phishing”;

6.1.13 use other users’ personal data for purposes other than making contact with them that is reasonably expected to be welcomed by such other users;

6.1.14 upload or submit any Material containing any virus, corrupt file, worm programme or other malicious code designed to interrupt, destroy or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, nor any adware, spy ware, Trojan horse or any other material designed to damage, interfere with, wrongly intercept, gain unauthorised access to or expropriate any data or personal information;

6.1.15 interfere with another user’s use and enjoyment of the Site or use the Site in any other manner that could damage, disable, overburden or impair the Site.

7 . INDEMNITY

7.1 You agree to fully and effectively indemnify Ethical and any of its officers, directors, employees, agents, subsidiaries, affiliates, representatives, licensors, suppliers and operational service providers from and against any and all third party claims, actions, proceedings, demands, damages (actual and/or consequential), losses, liabilities, costs and expenses (including reasonable solicitor’s fees) suffered or reasonably incurred by us as a result of, or in connection with, your access to and use of the Site or conduct other than in accordance with these Terms of Use or any applicable law or regulation (“Third Party Claim”).

7.2 You will co-operate fully and reasonably as required by EFF in the defence of any claim. Notwithstanding the foregoing, EFF retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action which are brought against EFF under the terms of and conditions of this Section 7 and in no event shall you settle any such action with EFF’s prior written approval.

8. PRIVACY POLICY

8.1 We process information about you in accordance with our Privacy Policy which can be accessed at [insert hyperlink]. You must read and accept the terms of our Privacy Policy before using the Site. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

8.2 By accepting these Terms of Use you are also accepting the terms of the Privacy Policy which is incorporated herein by reference for all purposes.

9 . HOW TO MAKE A COMPLAINT OR REPORT COPYRIGHT INFRINGEMENT

9.1 You can report abuse or complain about content or Materials on the Site by sending an email to [email protected] with abuse or complaint in the title and setting out the nature of the complaint and/or abuse encountered on the Site and/or in the Site’s Materials or content

9.2 If you are a rightsowner (or acting on behalf of a rightsowner) and believe that any Material infringes your copyright, you must give us notice by sending a written statement including the information set out below (in the same order as set out below):

a) that you are the rightsowner or are authorised to act on the rights- owner’s behalf;

b) that you have identified Material on the Site which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable) and you believe in good faith that use of the Material in the manner complained of is not authorised by you, the rightsowner’s agent or by law;

c) a description of the copyright work that you claim has been infringed, which should include the type of work (e.g. photograph, video or a sound recording) and any relevant further details (e.g. the title and date of publication of the copyright work, as applicable);

d) a description of the way in which the copyright material has been infringed;

e) information reasonably sufficient to permit us to locate the Material in question on the Site (including a URL and/or screen shot);

f) information that will enable us to contact you, such as your name, a postal address, telephone number and, if available, an email address (please note: these contact will also be provided to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint); and

g) confirmation that the information in the notification is true and accurate.

Completed statements should then be sent to:

Attention: Tamsin Lejeune, Ethical Fashion Forum, Unit CO2, Rich Mix, 35-47 Bethnal Green Rd, London E16LA

This ‘notice and takedown’ process is regulated by statute. There may be negative consequences if you falsely allege copyright infringement or send a copyright infringement notice to us in bad faith. We suggest that you take legal advice before sending a copyright infringement notice if you are unsure about your rights in the Material or whether there has been an infringement of your rights.

9.3 If you believe that we have removed Material uploaded by you to the Site in error, you may send us a written counter-notice including the information set out below (in the same order as set out below):

a) details of the Material that has been removed or to which access has been disabled;

b) information reasonably sufficient to permit us to know where the Material in question had been located on the Site (including a URL and/or screen shot);

c) a statement that you believe in good faith that the Material that you have identified has been removed by mistake and your reasons for believing this;

d) information that will enable us to contact you, such as your name, a postal address, telephone number and, if available, an email address; and

e) a statement that you agree to be contacted by the person (or an authorised representative of such person) who gave us the notice in the first place.

Completed counter-notices should then be sent to:

Attention: Tamsin Lejeune, Ethical Fashion Forum, Unit CO2, Rich Mix, 35-47 Bethnal Green Rd, London E16LA

We have the right to disclose your identity to any third party who is claiming that any Material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy or any other law.

9.4 EFF has a policy of terminating the accounts of repeat infringers. A repeat infringer includes any user who has submitted two or more items of Material for which EFF receives a copyright infringement notice in accordance with these Terms of Use. You agree that if your account is terminated in accordance with this provision you shall not register or attempt to register a new user account. You agree to indemnify and hold harmless EFF for any and all liability that may be incurred as a result of a user breaching this clause 9.4.

10. LINKS

10.1 The Site may contain links to other sites, resources and purchase opportunities provided by third parties. These sites may contain Materials which you may find objectionable, unlawful or inaccurate. These links are provided for your information only. If you access these links you may be directed to third party websites. These third party websites will have their own Terms of Use and privacy policies which may differ from EFF’s Terms of Use and privacy policy. This display of a link to third party sites does not constitute an endorsement by EFF of any of the third party sites, resources, content information or resources provided.

10.2 EFF has no control over the contents of those sites or resources, and accepts no responsibility for them including but not limited to the third party site’s compliance with the Data Protection Act 1998, Consumer Protection (Distance Selling) Regulations 2000, Electronic Commerce (EC Directive) Regulations 2002, British Codes of Advertising and Sales Promotion and/or any equivalent legislation in the relevant jurisdiction.

11. LINKING TO OUR SITE

11.1 You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

11.2 Links to the Site do not imply that EFF endorses, is affiliated with, or is associated with any linked site or that any linked site is authorised to use any of our trade marks, trade names, brands, logos or copyright symbols or those of any of our affiliates or licensors.

11.3 You must not frame any portion or pages of the Site on any other site. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content requirements set out at Section 6 of these Terms of Use. If you wish to make any use of material on the Site other than that set out above, please address your request to [email protected]

12. TERMINATION OF USE

12.1 EFF reserves the right, at our sole discretion at any time without liability and with or without prior notice to you:

(a) not to post any Material on the Site;
(b) to remove or suspend or disable access to any Materials;
© to suspend or revoke your registered user account (where applicable) and your right to access and/or use the Site or submit any Materials; and
(d) to use any technological, legal, operational or other means available to enforce these Terms of Use, including (without limitation) blocking specific IP addresses or deactivating your registration and/or user name and password (where applicable).

12.2 You can terminate your account at any time by sending an email to [email protected] with ‘terminate account’ in the title and details of the account which you are seeking to terminate. This will remove your profile and other personal information from view and prohibit you from accessing the Site as a registered user. Once your registration is terminated, we will have the right to delete your account and any related Material that you have submitted or uploaded.

12.3 Material that you have uploaded to the Site, other than personal information and information from your profile removed pursuant to Section 12.2 following termination of your account, may still appear on the Site even after your registration has terminated. In accordance with the licence granted at Section 5.2, we shall have the right to use your Material anywhere on the Site as we choose, at our sole discretion.

12.4 Sections 5, 6, 7, 15, 16 and 17 shall survive any termination of your membership.

13. INTELLECTUAL PROPERTY

13.1 All information, data, text, graphics, logos, designs, documents, images, pictures, photographs, videos, software, interactive features, advertisements or other content, services or materials (or any part of them) on the Site (collectively “Content”) are protected by copyright, trade marks, database rights and other intellectual property rights (whether registered or unregistered and including applications for the grant of any such rights) and are owned by or licensed to EFF or are otherwise used by us to the fullest extent permitted by any applicable law or regulation. Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel or otherwise, any licence or right for you to use the same other than as permitted in these Terms of Use.

14. RELIANCE ON INFORMATION

14.1 Commentary, articles and Material (“Commentary”) posted on the Site is not intended to amount to advice on which reliance should be placed. EFF disclaims to the fullest extent permitted by law all liability and responsibility arising from or in connection with any reliance placed on Commentary by any visitor to our site, or by anyone who may be informed of any of its contents.

15. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

15.1 The Site is provided “as is” and on an “as available” basis. You use the Site at your own risk. The content displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the fullest extent permitted by law, EFF, other members of our group of companies and third parties connected to us expressly exclude:

a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and

b) Any liability incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any Materials posted on it, including, without limitation any liability for:

i. loss of income or revenue;
ii. loss of business;
iii. loss of profits or contracts;
iv. loss of anticipated savings;
v. loss of data;
vi. loss of goodwill;
vii. wasted management or office time; and
viii. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.

15.2 Under no circumstances shall EFF, its parent, subsidiaries, or affiliates or the directors, officers, employees, or other representatives, of each of them (collectively, the “EFF Entities and Individuals”) be liable for any errors or omissions in the Sites’ technical operations, even if foreseeable or even if the EFF Entities and Individuals have been advised of the possibility of such damages whether in a contractual action, negligence, strict liability tort (including but not limited to, negligence, acts of God, telecommunications failure, or theft or destruction of the Site). Nothing in these terms of Use limits or excludes EFF’s liability for: (A) Death or personal injury caused by its proven negligence; (B) the tort of deceit; or © any liability which cannot be limited or excluded by law.

15.3 The EFF entities and individuals are not responsible for any damage to any user’s computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.

15.4 This section 15 does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation.

15.5 As a user you accept that the Site will not be uninterrupted or error free, that defects may not be corrected or that the Site or the server that makes it available are free of viruses or bugs.

15.6 We expressly disclaim any and all responsibility and liability for the conduct of any other user of the Site, and expressly disclaim any liability for Materials submitted or uploaded by other users.

16. GENERAL

16.1 If, for any reason, any of these Terms of Use are determined to be illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms of Use and all of the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

16.2 No failure or delay by us in exercising any right, power or privilege under these Terms of Use shall operate as or constitute a waiver of such right or acceptance of any variation of these Terms of Use and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.

16.3 These Terms of Use set out the entire agreement and understanding between us and you and supersedes any and all previous agreements, representations and arrangements between us (either oral or written). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.

16.4 Except for EFF’s affiliates, who are express and intended third party beneficiaries of these Terms of Use and may enforce any of its terms and exercise any of the rights to the same extent as EFF, nothing in this Agreement shall confer or purport to confer on any other third party, any benefit or the right to enforce any term of this Agreement and The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms of Use.

16.5 These Terms of Use are governed by English law and the English courts will have exclusive jurisdiction over any claim arising from, or related to these Terms of Use and/or a visit to the Site.

17. ABOUT US

www.ethicalfashionforum.com is a site owned and operated by Ethical Fashion Forum Limited.

We are registered in England and Wales under company number 06023008

Our registered office is at Unit C02, Rich Mix, 35-47 Bethnal Green Road, London, E1 6LA

Our main trading address is Unit C02, Rich Mix, 35-47 Bethnal Green Road, London, E1 6LA

Our VAT number is 984385665

EFF Sponsors & Partners

  • Greenhouse graphics
  • Recognise Magazine
  • WFTO
  • Organic Exchange
  • PAN UK
  • Fairtrade Foundation
  • Centre for Sustainable Fashion
  • Fashioning an Ethical Industry