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Introduction
Please read these terms and conditions carefully before using the LondonEDGE Live website (‘Website’) operated by Oranges & Lemons London Limited. (‘we’,‘us’) They contain important information about how we offer you access to our service ( ‘the Service’) and your rights and obligations. The Service is provided to you subject to your agreement to all of the terms and conditions and policies herein stated.
By clicking on the ‘I Accept’ box clearly shown on our Website you agree to be legally bound by these terms and conditions as they may be modified and posted on our Website from time to time.
Nature of the LondonEDGE Live Virtual Exhibitor website service
2.1 Our Website describes how you can participate as a virtual exhibitor (‘Virtual Exhibitor’) in the Service in more detail. These terms and conditions govern your participation in the Service at all times in whatever capacity you use it.
2.2 Our Website is a multi-user online service provided by us and a place for you primarily to create, using our website design and development tools, your own virtual trade exhibition stand through which you can market your range of products, make available latest news about your products and brands and gain exposure to the database of trade buyers in the fashion industry ( ‘Database’). Retailers thus have a one stop online resource to source suppliers. We explain how you build your own virtual trade exhibition stand using our own software tools. In addition, we send regular email bulletins to our Database ( ‘E Bulletins’) in which we feature news and information about exhibiting companies which we in our sole discretion consider should be highlighted from time to time. The E Bulletins ensure constant communication with fashion retailers and help drive their attention to our Website. You may notify us using the tick box prompt whenever you wish to make changes to your virtual exhibition stand and you consider such changes might be newsworthy to our Database. We will then contact you in response to your tick box prompt to establish the content of your notification. We will review the information you then supply but reserve full editorial decision on whether the information should be included in a future E Bulletin. We will exercise that discretion fairly based on a number of criteria including the merits of the information and the balance of coverage given to any single virtual exhibitor as against other virtual exhibitors over a reasonable period of time or number of E Bulletins. We produce the E bulletins based on content you provide to us ( subject to the restrictions contained in these terms ) and the E Bulletins may feature material of your choosing which at present means text and photographs ( the ‘Content’). We will advise you when we make other media available through the E Bulletins such as video clips, music and audio visual content.
2.3 The Service includes the software which we provide by way of Licence to you and the online environments that support the Service, including the server computation, software access, messaging and protocols that simulate the various locations featured in the Service (collectively, the LondonEDGE LIVE Software . Our Website and the LondonEDGE LIVE Software collectively constitute the ‘Service’ as used in these terms and conditions.
2.4 We grant to you a non-exclusive, limited, fully revocable license to use the LondonEDGE LIVE Software and the rest of the Service during the time you are in full compliance with these terms and conditions.
2.5 You acknowledge that by using the Service you may have access to content provided under license by independent content providers, including contributions from other users of the Service. ( ‘Content Providers’)
2.6 We pre-screen your Content before is made available via the Service and thereafter conduct periodic reviews of the Content but we shall not be concerned with the day to day management of the Content. The Content which you submit to us shall be your sole responsibility. We shall not intervene at any stage in such management ( subject to the said periodic reviews ) nor shall we act as mediator in the event of any dispute between you and any other participant or Content Provider in the Service. We reserve the right to remove the entire Content or elements thereof if it contains material which in our sole discretion in unacceptable.
Modifications to the Service
We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our Service or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content and/or new features shall be subject to these terms and conditions.
Please note that although we try to ensure that the content of our website and the Service is accurate, our website may contain typographical errors or other inaccuracies.
Account registration, subscription and membership
4.1 We offer three levels of subscription depending on the number of images you decide to upload to our Service. These are as follows;
Subscription Options
6 Months Subscription
12 Months Subscription- 3 MONTHS FREE (only first 9 months payable)
Payable in three currencies: Sterling, Euro or Dollar
Bronze Stand: £52/€70/$88 per month
Online stand name
Company logo 140px high x 220px wide
Contact information
Website hyperlink
Main/header image 400px high x 500px wide. Can include designs, pictures, logos, and text designed as a single image
Introductory text up to 200 characters
Descriptive text with unlimited characters and the opportunity to include any hyperlinks
Unlimited online stand updates
Inclusion in our ONLINE BUYER COMMUNITY e-bulletins if new products announced and when appropriate
Your logo randomly appearing on HOME PAGE
Silver Stand: £104/€140/$177 per month
As with Bronze stand but including up to 14 thumbnail gallery pictures that enlarge to 1000px x 1000px per image
Gold Stand: £128.75/€174/$219 per month
As with Bronze stand but including up to 28 thumbnail gallery pictures that enlarge to 1000px x 1000px per image and one video link to YouTube.com.
4.2The service is a subscription service that requires membership. Like any subscription, the Service is provided in return for regular payment (“Subscription”). With the exception of trial memberships and special offers, the length of your Subscription is determined by the type of initial Subscription (“Initial Subscription”) that you choose when you first become a member. Unless specified otherwise on our Website, each Subscription is automatically renewed following your initial subscription on a ( six monthly/annual ) basis. You are responsible for all associated renewal fees until notice of cancellation is received by us. In return for payment we create a membership (“Membership”) within our system that provides access to the Service.
4.3 You must create an account with us ( your ‘Exhibitor Account’) to use the Service. You agree to provide true, accurate, current and complete information about yourself as prompted by the online exhibitor registration form and maintain and promptly update that information to keep it true, accurate, current and complete.
4.4 You must choose an account name which will be the name of your company or business to identify yourself to us ( your ‘Exhibitor Account Name’). You must not select as your Exhibitor Account Name the name of another person or company ( such as another fashion industry supplier ) to the extent that could cause confusion or deception. You must not select a name which violates any trademark right, copyright, or other proprietary right or a name which we deem in our sole discretion to be vulgar or otherwise offensive. We reserve the right to delete or change any Exhibitor Account Name for any reason or no reason. You are fully responsible for all activities conducted through your Exhibitor Account or under your Exhibitor Account Name.
4.5 When you open an Exhibitor Account you must select a password. You are responsible for maintaining the security and confidentiality of your password. We will not be responsible for any harm which results from your disclosure, or authorisation of the disclosure of your password or from use by any person of your password to gain access to your Exhibitor Account or Exhibitor Account Name. At no time should you respond to an online request for a password other than in connection with the log-on process to the Service. Your disclosure of your password to any other person is entirely at your own risk. You must notify us immediately of any unauthorised use of them or breach of security regarding our Website or Service that comes to your attention.
License granted when you submit Content to us
5.1 If you submit Content to us you grant us a non-exclusive right to make available the Content via the Internet during the period in which the Content is featured on the Service, ( the ‘Licence Period’) including making any alterations to the Content technically required to make the Content available to other users of the Service via the Internet.
5.2 You grant us the right to display any promotional material relating to the Content.
5.3 You shall observe any further obligations as part of the registration procedure and / or the upload procedure with us (on a submission by submission basis).
You irrevocably consent to us retaining data relating to you on a database (which means information stored by us in electronic form relating your personal information) and dealing with such data for the purpose of marketing and perhaps exploiting the Content including sharing data with our partner enterprises such as LondonEDGE Limited and LondonEDGE New York LLC so that we can offer you further exposure. All databases shall remain our sole property notwithstanding the expiry of the Licence Period.
5.5 You shall refrain from any act which would interfere with the exploitation of the rights granted hereunder.
5.6 Following the expiry of the License Period we shall if requested by you use our best endeavours to delete all copies of the Content and promotional material under our control save to the extent stored as data in any database.
Permissions required when you submit Content to us
6.1 You confirm to us that you are able to make the Content available to users of the Service during the Licence Period.
6.2 We may choose not to permit any Content or promotional material if in our reasonable opinion it is necessary to do so for legal, technical or marketing reasons.
6.3 If, because of any act or default on our part, we are unable to make any Content available to users of the Service for a period of thirty (30) days or longer then your sole remedy shall be to terminate the Licence Period in respect of that Content by giving us notice in writing. Your notice must state expressly whether you require us to remove your Content from the Website.
Warranties you provide when you submit Content to us
You warrant, undertake and agree that:
You are free to participate and submit Content to the Service.
You have not entered into any arrangement which might conflict with the Service provided by us and are not under any disability, restriction or prohibition which might prevent you from performing any of your obligations under these terms and conditions.
The Content provided by you shall be original to you. We recognise fashion material can be diverse and challenge established use of imagery and language and we will extend as much latitude as is reasonable. However, the Content must not be defamatory of any person ( including for example other fashion industry suppliers or figures ) or infringe any right of copyright or right of privacy or right of publicity or moral right or performers’ right or performers’ property right or any other right of any nature or any person.
You undertake to indemnify us and keep us at all times fully indemnified from and against all actions, proceedings, claims, demands, costs (including without prejudice to the generality of this provision legal costs of ours), awards and damages however arising directly or indirectly as a result of any breach or non-performance by you of any of your undertakings, warranties or obligations under these terms and conditions.
Information you provide to us and the Data Protection Act
Your privacy is important to us and we will only use the information we collect about you in accordance with the Data Protection Act 1998. We collect information about you for two reasons, firstly to process your registration and second, to provide you with an excellent service. The following applies to any information you provide to us, for example during your participation on the Website.
You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the Service which is available through our Website by us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our ‘Partner Companies’).
If you send us personal correspondence such as e-mails then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy shall be known as ‘the Purposes’). All such information collected by us shall be referred to in these terms and conditions as ‘Personal Information’.
You must ensure that the Personal Information you provide is accurate and complete and that all registration details (where applicable) contain your correct name, an address and other requested details. For more information about how we deal with your Personal Information, please read our Privacy Policy. (INSERT URL LINK)
We reserve all rights to vigorously pursue legal action against you should you misrepresent Personal Information or are otherwise untruthful about your identity, and to suspend or cancel Accounts registered with inaccurate or incomplete information. You acknowledge that we cannot guarantee the accuracy of any information submitted by any user of the Service, nor any identity information about any user.
We may use technology to establish patterns of behaviour of participants to our Website. This includes the use of ‘cookies’ which are stored on your browser. You can modify your browser to prevent such tracking.
By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should e-mail us at data@londonedgelive.com
In addition, the following also applies to all messages, e-mails, bulletin boards postings, ideas, suggestions, concepts or other material submitted by you to us (all falling within the definition ‘Content’):
you must own or have the right to submit Content for publication on our Website and use as part of the Service and all Content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, regulations standards and/or codes of practice;
you must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be libellous or defamatory of any person or be otherwise unlawful;
we have the right to monitor Content and may edit, reject or remove Content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming emails and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.
We have the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Service as we see fit in our sole discretion.
You grant us a non-exclusive, irrevocable, royalty free, worldwide licence to publish all Content that you submit to us. You have sole responsibility for the Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us.
Applicability of online materials
You assume total responsibility and risk for your use of our Website and Service and use of all information contained within it.
We have used our best endeavours to ensure that our Website and the Service complies with United Kingdom laws. However, we make no representations that materials on our Website or Service are appropriate or available for use in locations outside the United Kingdom.
10 Copyright and monitoring
The contents of our Website are a combination of published materials but also original works produced by us. Our works are protected by international copyright laws and other intellectual property rights. We are the owner of these rights together with our affiliates or other third party licensors. You acknowledge that other Content Providers have rights in their respective Content under copyright and other applicable laws and treaty provisions, and that such rights are not licensed or otherwise transferred by mere use of the Service. All product and company names and logos mentioned in our Website are trade marks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of using the Website as a Virtual Exhibitor presence in the virtual trade exhibition stand. You acknowledge that if you modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to the video, avatars, music, text, graphics, messages, codes and/or software unlawfully you do so on your own initiative and we are not responsible for your actions.
11 Linked Sites
We make no representations whatsoever about any other websites which you may access through our Website or Service or which may link to our Website or Service. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and we shall not be liable for any loss or damage cause or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
12 Availability of our Website and Service
We will try to make our Website and Service available but cannot guarantee that our website will operate continuously without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our Website and, in particular, you must not attempt to circumvent security, tamper with or hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device.
Liability
Save as otherwise required by any statutory provision, we exclude all express or implied terms, conditions, warranties representations or endorsements whatsoever with regard to any information featured on the Service, our Website or any information or service provided through our Website or Service.
We will do our best to ensure that all materials and information published on our Website and Service are accurate, but please note that all content, materials and information on our Website are provided on an ‘as is’ basis and you assume total responsibility and risk for your use of our Website and Service and use of all information contained within it.
We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our Website or Service, we accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on our part or our servants, agents or any other person or entity.
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Website and Service and is compatible with our Website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
14 Cancellation
During the Initial Subscription period it is not possible to receive a refund for cancellation for whatever reason. After the Initial Subscription period you are financially responsible for payment of the Subscription fee until you place a notice of cancellation with us. You may cancel your Subscription at any time after the Initial Subscription period, however if you cancel after the Subscription period month has begun you will not be entitled to a refund for that period. Cancellations cannot be retrospective. A subscription period begins on the calendar date (eg: July 21st) when you subscribe to the Service and concludes on the day before that calendar date (eg; August 20th) at the end of the relevant Subscription period.
You may cancel your membership as follows:
By email: Please send a brief email including your membership number, your email address, your username and other relevant information to cancellation@londonedgeLIVE.com.
By Mail: Please send a brief letter including your membership number, your email address, your username and other relevant information to:
Oranges and & Lemons London Limited
Hazel Drive
Leicester
LE3 2JE
Termination
15.1 Notwithstanding any other provisions herein contained, and without prejudice to any other rights such party serving notice may have, either party may forthwith terminate these terms and conditions by written notice to the other if any of the following events shall occur:
(i) if the other party commits any breach of these terms or conditions and fails to remedy such breach (or in so far as such breach is not capable of remedy to furnish adequate compensation therefore within (30) thirty days after receiving written notice from the party requiring it to do so;
(ii) if the other party becomes bankrupt or compounds or makes any arrangement with of for the benefit of its creditors or if any distress or execution shall be threatened or levied upon any equipment and/or software or other property of the party entitled to serve notice hereunder or if the other party is unable to pay its debts in accordance with the law relating to this Agreement.
Termination of these terms and conditions shall be without prejudice to any accrued rights of either party and shall not affect obligations which are expressed not to be affected by expiry or termination hereof.
16 General
16.1 We may assign, transfer, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.
16.2 We may alter these terms and conditions from time to time and post the new version on our Website, following which all use of our Website and Service will be governed by that version. You must check the terms and conditions on the website regularly.
16.3 These terms and conditions together with the Privacy Policy ( INSERT URL LINK TO PRIVACY POLICY) are the whole agreement between us. You acknowledge that you have not entered into these terms and conditions in reliance upon any statement, warranty or representation made by us or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions or privacy policy.
16.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
16.5 These terms and conditions and your use of our Website are governed by English law and you submit to the non-exclusive jurisdiction of the English courts.
16.6 Except in respect of a payment obligation, neither you nor us will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control.
16.7 Nothing in these terms and conditions or on our Website or Service shall be construed as granting you any other rights or privileges of any kind with respect to the Service or to any Content. You acknowledge that your participation in the Service, including your creation or uploading of Content in the Service, does not make you an employee of ours and that you do not expect to be and will not be compensated by us for such activities.
16.8 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
16.9 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
16.10 Unless the context otherwise requires the words and expressions used in these terms and conditions shall have the same meanings as are given to them in the Copyright Designs and Patents Act 1988 together with the Copyright and Related Rights Regulations 2003.
No partnership or agency is created by your registering with us and neither party shall represent otherwise.
Neither you or we shall bring any proceedings against the other in respect of these terms and conditions unless the party intending to bring proceedings first makes a bona fide offer to participate immediately in a mediation conducted by a mutually agreed third party or a certified mediator and the other party has declined such offer. The costs of the mediator shall be borne by the party intending to bring proceedings but shall be subject to the mediation in any event. This clause shall not apply to the extent that one party requires immediate injunctive relief to protect its interests hereunder.
17 Notices
All notices shall be given;
to us via e-mail at info@londonedge.com or by post at;
Oranges and Lemons Limited Hazel Drive Leicester LE3 2JE
T: +44 (0)1162 898 249; or
to you at either the e-mail or postal address you provide during the registration process.
Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
Please click on the ‘I Accept’ box clearly shown on our website to confirm your acceptance of these terms and conditions.
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