The Parties to this Agreement are Ethical Brand Foundation ("Ethical Brand") and "you" the "user" of the "website" at http://www.ethicalbrand.com (the "Parties"). By using the website the user acknowledges that the Parties have entered into this agreement and they are bound by the terms set out herein.
This agreement applies to all users of http://www.ethicalbrand.com (the "website"). It sets out standard terms and conditions that all users agree to be bound by. The rights of each user are entirely conditional upon his or her continuing compliance with the terms and conditions of this as well as any and all other relevant documents, information, guidelines, rules and or procedures published and updated from time to time by Ethical Brand at the website. Information published on the website forms an integral part of this agreement. The website is not a general public information site. Its purpose is to facilitate the provision of services to organisations and individuals with a license to use the Ethical Brand Identity, or an interest in securing such a license. Each user hereby acknowledges that his or her purpose for using the website is consistent with it's design. Any breach of this agreement is considered an abuse of the service.
Any reference to an Ethical Brand is a reference to a commercial, professional, institutional or other entity whatsoever that is formally licensed by Ethical Brand to use the Ethical Brand Identity.
Monitoring and Feedback
Any reference to monitoring or feedback is a reference to communications and or other information of any description whatsoever that is received by Ethical Brand concerning any entity lincensed to use the Ethical Brand Identity, which Ethical Brand uses as part of its licensing procedure.
A License is a reference to any permission granted by Ethical Brand to any entity ("licensee") authorising it to use the Ethical Brand Identity on specified terms and conditions. It includes the entire collection and or sequence of proprietary or other procedures and methods employed by Ethical Brand to determine whether or not an organisation should be granted such rights.
Material means any and all information published on the website. This includes, but is not strictly limited to content such as images, text, illustrations, audio and or video clips; any registered, or unregistered trademark or design, system interface and or functionality of any origin or description whatsoever.
Service means the provision of any information, product or work and or the provision of any advice, or support of any description whatsoever that is provided by Ethical Brand including use of the website.
A Sponsor is any person acting on behalf of any commercial, professional, institutional or other entity whatsoever who is suitably authorised to register and represent it as an 'Ethical Brand' and who is individually accountable for its compliance with the terms of this or any other agreement with Ethical Brand.
A Subscriber is any individual person who is authorised to operate a website account, which is used to commission, request, configure and or procure Ethical Brand products, functionality and services, either on their own personal behalf and or on behalf of an organisation and or group of individuals and or organisations.
Intellectual Property, Copyright and Trademark
You acknowledge Ethical Brand is the sole and exclusive worldwide owner of all names, designs, methods, procedures, processes, products and services associated with the website. The website and all material contained on it are protected by various international laws and conventions governing intellectual property, copyrights and trademarks. Some material published in some areas of the website is neither owned, nor controlled by Ethical Brand, but by third parties. Any such material found on the website is provided solely for personal use. All copying, downloading, retention and or distribution of any material found on the website is strongly discouraged and in any event prohibited without relevant written permission from the copyright owner and or Ethical Brand. You are not authorised to download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the website or any portion thereof for any purpose whatsoever without the written permission of Ethical Brand. You agree not to use any trademarks, service marks, names, logos, devices or other identifiers associated with Ethical Brand without the appropriate permission of Ethical Brand.
The website may contain links to other third party websites that are not under the control of Ethical Brand. Ethical Brand therefore assumes no responsibility, or liability whatsoever for any material that may reside in any such website. Ethical Brand does not make any representations regarding the quality, efficacy or security of any product or service at any such website.
Accuracy and Suitability
We endeavour to keep all of the information we make available accurate. However, we make no guarantee of any kind, either expressed or implied, regarding the quality, accuracy, validity, suitability or relevance of any opinion and or data contained in such information for any particular purpose whatsoever.
The provision of service is generally managed and delivered through an individually named user account ('Account') on our website. You may only open and or operate one account. Some accounts may permit additional users to operate their own accounts and whose functionality and access may be controlled by a primary account holder, such as you, or someone you know. In any event, each user is only authorised to access one service account. If any user is found to be operating multiple accounts, Ethical Brand reserves the right to terminate them all without notice, or refund (if applicable), as well as to demand the payment of any and all reasonable fees relating to the actual cost of providing such multiple such accounts.
You are solely responsible for ensuring that your account contains complete and up to date profile and contact information and that your service options are configured for your own unique and individual purposes. If Ethical Brand attempts to establish contact with you for any reason and is unable to make contact with you for what it deems a reasonable period, then your account may be terminated without further notice and without refund (if applicable).
Ethical Brand reserves the right to limit and or deny you access to any information and or service, or to any other user, or group of users you may have access to via the service, based on a its assessment of any and all relevant risks to Ethical Brand, Ethical Brands and the Ethical Brand Identity itself. In such event Ethical Brand shall also retain absolute sole discretion over whether or not to disclose the reason for that decision to you, which in any event shall remain strictly confidential at all times.
You are responsible for all charges associated with connecting to the website, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access the website and or the service.
For purposes of clear identification you agree to provide Ethical Brand with accurate, complete, and up to date account information that includes, but may not be restricted to your legal name, address, telephone number/s, and where applicable professional details. You are must check and maintain your account information from time to time to ensure that it remains current and accurate at all times. Failure to comply with this provision can result in immediate suspension or termination of your right to use the website and or the service.
During your account setup you will be required to select a user name and password. You are solely responsible for maintaining the confidentiality of this information and you agree that Ethical Brand has no obligations thereto. In the event that you become aware of or suspect any unauthorized use of your account, or suspect or know of any breach of any may lunclude and or lead to the loss, theft, or unauthorized disclosure of your password or access to your account you agree to promptly update your account information and follow any guidelines and instructions provided by Ethical Brand following such an event. In the event of such a breach of security, you will remain liable for any unauthorized use of your account until such time as you have either notified Ethical Brand in writing or updated your account access information.
If your account or license is suspended, cancelled, terminated or expires for any reason whatsoever your website access privileges as well as any license to use the Ethical Brand Identity may be restricted or revoked by Ethical Brand and Ethical Brand shall not be obliged to refund any monies paid by you (if applicable), or for any loss of any description incurred by you.
If you are a Sponsor, the organisation you represent shall have its license to use the Ethical Brand Identity terminated if: your account is cancelled either by you or Ethical Brand for any reason whatsoever; if your account expires, falls into arrears (if applicable) and or is not renewed; your employment with the organisation ends and it fails to formally nominate, appoint and identify an alternate Sponsor to Ethical Brand within 30 days of your departure from the organisation; Ethical Brand concludes that the organisation is in violation of any agreement it has entered into with Ethical Brand and or any of its users, licensees, associates, agents, representatives or subsidiaries, or any afilliate, associates; Ethical Brand concludes that the organisation is engaged in activities, arrangements or practices that Ethical Brand considers to be inappropriate, or inconsistent with the values it associates with the Ethical Brand Identity. Within 48 hours of receiving such a notice of termination from Ethical Brand, all images and or words referring to Ethical Brand and the Ethical Brand Identity are to be removed from all websites and premises of the organisation and it is to cease producing any collateral, products or services bearing the same.
Ethical Brand is committed to a continuing effort to ensure the integrity and value of the service to all users, which you accept as self-evident in relation to your own particular circumstances and interests. You also accept that the nature of the field in which Ethical Brand operates is broad and complex and as such some aspects of the service may be the subject of ongoing research, development and or experimentation by Ethical Brand for the purpose of learning and enhancing the overall value, integrity, efficiency and effectiveness of the service provided to all users.
You not permitted to modify, move, add to, delete or otherwise tamper with any information or systems relating to the website, or any other website owned and or hosted by Ethical Brand, unless you are authorised to do so through means that have been explicitly provided by Ethical Brand for such purposes. Under no circumstances are you authorised to decompile, reverse engineer, disassemble or otherwise use any knowledge, material or software, whether or not it is copyrighted or trademarked, including any proprietary information of whatsoever nature found on the website, in a manner that is either unlawful and or detrimental to the commercial interests of Ethical Brand and or any of its users, licensees, associates, agents, representatives or subsidiaries.
Any breach of any clause contained in this agreement is considered an abuse of the service and Ethical Brand reserves the right to take whatever action it deems appropriate and or necessary in response to any such activity.
You are not permitted to assign, transfer or sublicense any rights whatsoever that you may be entitled to under this agreement.
All information, products and services provided by Ethical Brand are offered in good faith and on an "as is" basis, without any warranties of any kind whatsoever either expressed or implied including, but not limited to, expressed or implied warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy, or non-infringement. You assume all responsibility for the use of any information and or services and agree to waive any claim that may arise there from.
Except as otherwise expressly set forth herein, the website includes all content, software, functions, fee-based services, materials and information made available thereon or accessed by means thereof.
To the fullest extent permissible by law, Ethical Brand and its licensees, agents, subsidiaries and affiliates make no warranties and shall not be liable for any consequences arising from the use of the website or the products and or services including but not limited to negligence by Ethical Brand. Ethical Brand does not warrant that the functions contained in the website or any services will be uninterrupted or completely error-free, that defects will be corrected, that the website or products or services will meet any particular criteria of performance or quality, or that the website, including the server(s) on which the website is operated, are free of viruses or other harmful components.
Under no circumstances will Ethical Brand, its licensees, partners, agents, subsidiaries and or affiliates accept any liability for any damage or loss, including without limitation any direct, indirect, consequential, special, incidental or punitive damages arising from the use of the website and or subscription to any of its products and or services, which includes all use, or practical inability to use the website, as well as any delays in operation or communication transmission, or line or system failure, or indeed any error or omission whatsoever.
Limitation of Liability
You agree to indemnify, defend and hold Ethical Brand – including all officers, directors, managers, owners, employees, trustees, agents, information providers, associates, affiliates, licensors and or licensees – harmless from any and all liability and or costs incurred in connection with any claim arising out of any breach of this agreement by you, or any other user, including and without limitation all reasonable legal fees.
Use of the website is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, communications, content, or other material (including without limitation software) accessed through, via or obtained by means of the website. Under no circumstances shall Ethical Brand or its licensees, associates or affiliates, or any provider of telecommunications or network services acting for Ethical Brand or its licensees, partners, agents, associates or affiliates, be liable for any indirect, punitive, special, or consequential damages that are directly or indirectly related to the use of, or the inability to use, the website or any service, even if Ethical Brand, its licensees, agents, associates, affiliates, or their providers of telecommunications or network services has been advised of the possibility of such damages.
Where applicable and enforceable, the total liability of Ethical Brand and its licensees, partners, agents, associates and or affiliates hereunder is limited to the amount, if any, actually paid by you to Ethical Brand for access and use of the website and or services. You hereby release Ethical Brand, its licensees, partners, agents, associates and affiliates from any and all obligations, liabilities and claims in excess of this limitation.
This Agreement has been made and shall be construed and enforced in accordance with any and all relevant local, regional, national and or international laws. Sub-headings are provided for convenience purposes only and they hold no special meaning. Any term, condition, or provision of this agreement that is determined for any reason to be unlawful, invalid, void or unenforceable, shall not affect any other remaining portion of it. In the event that any clause contained in this document conflicts with any clause contained in any other agreement between the parties hereto, or any part of this agreement such as the website, the terms and conditions contained in the other document shall prevail.
Modifications to Agreement
Ethical Brand retains the right at any time to modify this Agreement, as well as any other agreements and or policies affecting the use and or functionality of the website and service, the issuing of licenses and the operation of subscriptions. This document is dated according to the last time it was updated. Registered account holders may not be automatically notified of any changes to the website. Modifications are effective immediately upon posting the updated document to the website. Continued use of the website or service following such modifications shall be taken as your acceptance thereof.
Ethical Brand retains the right to modify, suspend or discontinue the website or subscription or any portions thereof at any time, including the availability of any area of the website, functionality or services including without limitation any subscription. Ethical Brand may also impose limits on certain features and services or restrict your access to parts or the entire website without notice or liability.
This Agreement constitutes the entire Agreement between you and Ethical Brand with respect to your use of the website and it supersedes all prior agreements between you and Ethical Brand. It may be extended by you entering into other specific Agreement(s) with Ethical Brand. Failure by Ethical Brand to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this agreement shall be governed by the laws of the United Kingdom. You consent irrevocably that the United Kingdom shall have exclusive jurisdiction over all actions arising from the use of the website. In the event that any portion of this Agreement is held unenforceable, that portion of it shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
Last Updated: June 2011