Website Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

 

WHAT’S IN THESE TERMS?

These terms tell you the rules for using our website http://us.DitchtheLabel.org (our site).

 

WHO WE ARE AND HOW TO CONTACT US

http://us.DitchtheLabel.org is a site operated by Ditch The Label Ltd (“We”). We are registered as a company limited by guarantee in England and Wales under company number 08387544 and have our registered office at 15-17 Middle Street, Brighton, England, BN1 1AL. Our charity number is 1156329.

To contact us, please email [email protected] or telephone our customer service line on +44 1273 201129.

 

BY USING OUR SITE YOU ACCEPT THESE TERMS

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site. The terms in place at the time you use the site are the terms applicable to that period of use. We recommend that you print a copy of these terms for future reference.

UNDER 18s MUST ONLY USE THE WEBSITE AND PROVIDE PERSONAL INFORMATION IF THEY HAVE THE CONSENT AND SUPERVISION OF A PARENT OR GUARDIAN.

 

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These terms of use refer to the following additional terms, which also apply to your use of our site:
• Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
• Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
• Our Cookie Policy, which sets out information about the cookies on our site.

If you purchase goods from our site, our Terms of Sale will apply to the sales.

 

WE MAY MAKE CHANGES TO THESE TERMS

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

 

WE MAY MAKE CHANGES TO OUR SITE

We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities.

 

WE MAY SUSPEND OR WITHDRAW OUR SITE

Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

 

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]

 

HOW YOU MAY USE MATERIAL ON OUR SITE

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. Permission to copy or distribute any materials that appear on the site that are owned by others must be obtained from the third party that owns such content.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

DONATIONS


All donations made through the site are unrestricted gifts and may not be specified for any particular purpose. To the extent permissible by law, we make no representation as to whether donations are tax deductible. Ditch The Label shall have no liability for any claim by any federal or state tax authority with respect to any characterization by you or any user on any applicable federal or state tax return.

 

EMAIL NEWSLETTER AND EMAIL ADDRESS SUBMISSION

The site allows you the option to provide your email address in order to receive important communications from us, including, but not limited to, occasional updates and our Ditch The Label newsletter. Any promotional or informational email communication you receive from us will include our contact information and an unsubscribe link that will allow you to opt-out of receiving future emails.

 

DISCLAIMER OF WARRANTIES

The content on our site is provided for general information, educational purposes and guidance only. We strongly advise that you obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. We do not provide legal advice. You should not rely on any information we provide without consulting an attorney.
We do not warrant that any information we provide will meet your health or medical requirements. It is up to you to contact a health professional if you are concerned about your health.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date. To the maximum extent permitted by applicable law, the site, including all text, graphics, logos, audio and video clips, photographs, and other content is provided “as is,” “with all faults,” and “as available.” The entire risk of use and performance remains with you.

 

COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Copyright Infringement – Notification Procedures below.

 

COPYRIGHT INFRINGEMENT – NOTIFICATION PROCEDURES

If you believe that your work has been used on our site in a way that constitutes copyright infringement, you should send written notification of such infringement, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Copyright Agent, who can be reached as follows:

SUE JONES, COPYRIGHT AGENT, 15-17 MIDDLE STREET, BRIGHTON, UNITED KINGDOM, BN1 1AL. [email protected], +441273201129.

To be effective, the written notification must include the following:
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address;
(v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.

Please note that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material on our site is infringing, we suggest that you contact an attorney prior to sending a notification.

 

WE ARE NOT RESPONSIBLE FOR THE WEBSITES WE LINK TO

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.

 

USER-GENERATED CONTENT IS NOT APPROVED BY US

This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values. We suggest you review our Acceptable Use Policy which details the terms under which users may access the site.

If you wish to complain about information and materials uploaded by other users please contact us on [email protected]

 

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

Whether you are a consumer or a business user:

〈 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
〈 We do not give any commitments or accept any liability to you in respect of content provided by other users of our site or third parties.
〈 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms of Sale.

If you are a business user:

〈 To the maximum extent permitted by applicable law, we exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
〈 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, our site; or
• use of or reliance on any content displayed on our site.
〈 In particular, we will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

If you are a consumer user:

〈 Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
〈 We do not accept any liability to you for any of the following types of loss or damage (which you may suffer as a result of your use of our site) whether the losses were foreseen, foreseeable, unforeseen, unforeseeable, known, unknown or otherwise:
〈 loss which arose when you first accessed our site (even if that loss results from our failure to comply with these Terms or our negligence);
〈 loss which you suffer other than as a result of our failure to comply with these Terms or our negligence or breach of statutory duty;
any loss suffered due to the default of any party other than us.
 

UPLOADING CONTENT TO OUR SITE

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
You are solely responsible for securing and backing up your content.

 

INDEMNIFICATION

You warrant that any contribution you make complies with the standards set forth in our Acceptable Use Policy and you will be liable to us and indemnify us for any breach of that warranty.

 

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

 

RULES ABOUT LINKING TO OUR SITE

You may link to our home page, 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.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to link to or make any use of content on our site other than that set out above, please contact [email protected]

 

OUR TRADE MARKS ARE REGISTERED

DITCH THE LABEL is a UK, EU and USA registered trade mark of Ditch The Label Ltd. You are not permitted to use it without our approval. Our USA Trademark serial number is: 87038443.

 

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

 

GENERAL


If any provision of these terms is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of these terms will remain in full force and effect. We may assign these terms, in whole or in part, at any time, with or without notice to you. If, at any time, we fail to respond to a breach of these terms by you or others, such failure will not waive our right to act with respect to subsequent or similar breaches. A waiver will only be binding if it is in writing and signed by us.