Indelibl Members Community Policy
INDELIBL MEMBERS COMMUNITY POLICY
Thank you for agreeing to become a Member of our Community here at Indelibl.
In order to make your time with us as pleasant and enjoyable as possible, we ask
that you agree to follow our community policy and house rules.
1. ACCEPTING THESE TERMS
1.1. These terms together with the Buyers Terms & Conditions and the
Creatives Terms & Conditions collectively form part of our Members
Community Policy (or “MCP” for short).
1.2. Also included and incorporated within the MCP is our Privacy Policy and
Website Use Policy.
1.3.
By agreeing to become a Member of the Indelibl Community, you are agreeing to be bound by the terms of the MCP in so far as they relate to you and your activities on our website. This means that you are entering into a legally binding contract with us – Indelibl Limited, a company registered in England under company number 09817825 at Leeds Innovation Centre, Intechnology Incubator, 103 Clarendon Road Leeds LS2 9DF; to access the Community and be entitled to access the services provided
through the Community (the “Services” including the services we offer to Creatives as set out in the Creatives Terms and Conditions).
1.4.
If you would prefer not enter into a legally binding contract with us and to be bound by the MCP, then you are under no obligation to do so, but you won't be able to use our website except to buy items – in which case you will only be bound by the Buyers Terms and Conditions, Privacy Policy and Website Use Policy.
2. PRIVACY
We understand how important your personal information is. Please read through
our Privacy Policy to understand how we will use your information if you become a
Member.
3. YOUR ACCOUNT WITH US
3.1. In order to open a Member account with us you:
3.1.1. must be over 18 years of age;
3.1.2. agree that you will provide accurate information about yourself
i.e. you must not use false information to create your profile;
3.1.3. will use a non-offensive username i.e. don’t use any kind of
offensive or rude words, or words that sound like offensive or rude
words - if you use an offensive username then we will cancel your
account;
3.1.4. acknowledge that you are responsible for the security of your own
account. This means that if you let someone else use your account, you are responsible for anything that is posted using that account and we will hold you responsible;
3.1.5. will protect your password and this includes making sure that you
choose a password that is not easy to guess – as stated above, you
are responsible for anything done through your account.
4. YOUR CONTENT AND WHAT WE CAN DO WITH IT
4.1. As a Member of our Community you will be able to buy items, follow
Creatives and post on their articles and, if you register as a Creative
yourself, you will be able to post articles and updates yourself. We refer
to this as your content (“Content”) both here and in the Creatives Terms
and Conditions.
4.2. When it comes to your Content, we agree that it belongs to you and that we have no rights to any of the intellectual property that arises from your content. However in return you grant us a licence, or in other words you gives us permission, to use your Content on a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use, display, edit, modify, reproduce, distribute, store and prepare derivative works of your Content in whatever way we see fit and subject always to not
breaching the terms of our Privacy Policy. We need this licence because it lets us do what we need to do to make this Community a success, so as an example, it means that if you post something up, say a picture, we can resize it, display it on our website, and if necessary it means we can promote it on our front page.
4.3. Whilst we actively encourage you to post Content within our Community,
we ask that you agree to abide by a number of rules. These rules, which
form part of these Terms and Conditions and therefore the wider MCP are
intended to protect us, protect the Indelibl Community and of course, you.
4.4. You agree that in relation to any Content:
4.4.1. you are not violating or infringing anyone else’s intellectual
property;
4.4.2. you agree to report any unauthorised content. We all have a
responsibility to ensure the Indelibl is a great place and so you
agree that if you spot Content that you think doesn’t belong to the
Member who has posted it, or if you spot Content that is offensive
or inappropriate, then you will inform us so that we can take it
down. This can include things that are vulgar, offensive, libellous
or in breach of any of the rules of the MCP.
5. PARTICIPATING IN THE COMMUNITY
5.1. When you become a Member, in return for agreeing to abide by these
terms and conditions and the MCP as a whole, we will provide you access
to the Indelibl Community.
5.2. In order to successfully participate in the Community:
5.2.1. we grant you a limited, non-exclusive, non-transferable and
revocable licence to access the Indelibl Community and use the
Services, subject to the MCP;
5.2.2. you agree not to do anything that breaks the law whilst using the
Services or participating in the Community – by this we mean any
local, state, federal or international laws that apply to you and
may vary depending on where you live. For example, this means
that you must not commit fraud, theft, or buy/sell items that may
be illegal in your country.
5.2.3. you agree not to try and hack our systems or reverse engineer our
website code;
5.2.4. you agree not to steal any of our intellectual property rights or the
intellectual property rights of any of the other Members of the
Community;
5.2.5. you agree not to do anything that breaches the terms of the MCP.
6. REFERRALS
6.1. We operate a referral system to encourage our Members to spread the
word about Indelibl and in return we will give you a discount off of your
next purchase. If you are a Creative as well, then we operate a slightly
different referral system and the details of this are in the Creatives Terms
& Conditions.
6.2. You may send people you know invitations (“Member Invites”) to join
Indelibl through your account dashboard. These invitations may be sent by
email or via various social media sites to people you know.
6.3. You may not post Invites on forums, usergroups or any third-party website
to people that you do not know. You must know the person you are sending
the Invite to.
6.4. For every ten new Members who sign up (“Sign Ups”) via your Member
Invites, you will be entitled to receive a 10% discount code (“Goods
Discount”) or you may choose to wait until the number of Sign Ups reach
the desired level of discount before requesting the Goods Discount (up to a
maximum of 50%).
6.5. Each Goods Discount will expire 30 days after it is activated and may only
be applied to one purchase of Goods.
7. TERMINATING THE CONTRACT
7.1. We want to make the Indelibl Community grow and expand and so we don’t
want to see any of our Members leave the Community. However there may
be times where either you no longer want to be a Member of the
Community or where we may tell you that you are no longer welcome to
be a Member of the Community.
7.2. If you want to terminate your account you may do so by choosing the Close
Account option in your account dashboard.
7.3. We may terminate and/or suspend your account and your access to the
Services at any time, for any reason and without notice. We won’t do this
lightly and we will always try and tell you why we have done this by email.
The usual reason will be because we believe that you have breached the
terms of the MCP but there may be other reasons, which we may not be
able to tell you about, and it is important to understand that you do not
have a contractual or legal right to use our Services. Where we terminate
your account, we cannot guarantee that your Content will not be deleted
as a result and we are not liable if this causes you any loss.
7.4. It is important to understand that we have the right to change, suspend or
discontinue any of the Services that we offer or anything in relation to the
Community. We will not be liable for any losses that you may suffer as a
result of our change, suspension or discontinuance of the Services, or for
suspending or terminating your account.
7.5. The terms of the MCP will continue to be in effect even after your account
is terminated.
8. WARRANTIES AND LIMITATION OF LIABILITY
8.1. Apart from as set out in the Buyers Terms & Conditions, we are not able to
make any warranties about the quality, safety or the legality of any of the
Goods listed for sale on our Website. This means that we are usually not
responsible for any Original Artwork unless it expressly says that we are.
8.2. Unless we state in the Buyers Terms & Conditions that we are responsible for the Goods (for example for Printed Work or any Original Artwork that we expressly state that we are responsible for), any legal claim you may have relating to the Goods must be made against the seller of the Goods. You agree that we are not liable for any claims relating to Goods that we do not have responsibility for. You agree that you release us from any claims related to Goods that we do not have responsibility for, including for
defective items, misrepresentations by sellers or items that caused physical injury (like product liability claims).
8.3. We are not responsible for the Content that is posted by the Community
and we make no representations or warranties as to its validity or accuracy. We rely upon the Community to keep us notified of any errors, inaccuracies, offensive or inappropriate Content. However if we are notified of any offensive or inappropriate Content then we will always try and take it down as soon as possible. You agree that we are released from any and all liability that we may have in relation to the Content.
8.4. In relation to any Services that are provided through the Community, we give no warranties whether express or implied in relation to them, and all warranties and conditions (including the conditions implied by ss 12–16 of the Supply of Goods and Services Act 1982), whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law. Where you are located in a different jurisdiction to us then we exclude all warranties and conditions to the extent permitted by the relevant law, and where no such exclusions are permissible then this clause
does not apply to you.
8.5. Subject to clause 8.4 above our liability to you will never exceed more
than the total amount of Fees that you have paid to us in any six month
period.
9. INDEMNIFICATION – WHAT HAPPENS IF SOMETHING YOU DO ENDS UP GETTING US SUED
9.1. As a Member of the Community you have the ability to post and comment
on various matters. You acknowledge that we have no control over what
you post other than that we ask you to act respectfully at all times and not
breach the terms of the MCP.
9.2. If, via your behaviour or actions in the Community, whether that is through
the posting of Content contrary to the MCP, or through any other actions or
omissions, we end up being sued then you agree to indemnify us. This
means you’ll hold us harmless from any legal claim or demand (including
reasonable legal fees) that arise from your actions, your use (or misuse) of
our Services, your breach of the MCP, the posting of Content to which the
IP belongs to someone else, or your account’s infringement of someone
else’s rights.
9.3. We reserve the right to handle our legal defense however we see fit, even
if you are indemnifying us, in which case you agree to cooperate with us if
we need you to.
10. DISPUTES
10.1. The Indelibl Community is a large and vibrant community with people of
different cultures and beliefs coming together to share in their love of
African art. As such we acknowledge that there may be times when you
may have a dispute or disagreement with another Member. When this
happens we strongly encourage you to contact the other party and try to
resolve the dispute in amicable and sensible fashion.
10.2. If you cannot resolve your dispute amicably then we can attempt to help
you resolve the dispute. Please be advised that we will only do this if both
you and the other Member ask us to do so and we will attempt to do so in
good faith and based on our interpretation of the dispute. However we
reserve the right not to get involved in disputes and you agree to release
us from any claims, damages and demands arising out of disputes with
other Members or anyone else.
10.3. If you have a problem with us or any of the Services then please contact us
first so that we can try to resolve it.
10.4. If we can’t resolve it then the follow rules will apply:
10.4.1. Dispute Resolution: You agree that before you issue any form of
court proceedings or legal action, you will work with us to resolve
the dispute and you agree that if we cannot resolve it between us then we will refer the matter to be mediated on by and in accordance with the London Court of International Arbitration Mediation Rules.
11. CHANGING THE TERMS OF THE MCP
11.1. As the law changes from time to time and as our Community grows, there
may be times when we need to update the MCP or any part of it to take
into account these things. Where we believe the change to the MCP is
what we consider to be a material change, then we will let you know the
changes we are making, when they come in and what the impact will be.
11.2. If after you read about the changes you decide that you no longer wish to
be a Member then please let us know and we will close down your account.
11.3. If you don’t tell us that you wish to close down your account and carry on
using the Services and/or participating in the Community after the date
that the changes take effect then you are deemed to have agreed to the
changes to the MCP.
12. OTHER LEGAL BITS
12.1. Entire Agreement: The MCP and all the documents that make up the MCP
constitutes the entire agreement between us and supersedes all previous
agreements, understandings and arrangements between us, whether in
writing or oral in respect of its subject matter. You acknowledge that you
have not entered into a legal contract with us in reliance, and shall have
no remedies in respect of, any representation or warranty that is not
expressly set out in the MCP. Nothing in the MCP purports to limit or
exclude any liability for fraud.
12.2. Force Majeure/Acts of God: If we are prevented from carrying out any of
the Services or from providing you with access to the Community by any
reason that is outside of our control (for example, flooding or other
disasters), then you agree that we will not be liable for any losses or
damages caused as a result.
12.3. Third Party Rights: The MCP does not create any right enforceable by any
person who is not a party to them under the Contracts (Rights of Third
Parties) Act 1999.
12.4. No Partnership or Agency: The MCP shall not be deemed to constitute a
partnership, joint venture, contract or relationship of employment
between the parties.
12.5. Governing Law: The law of England and Wales will apply and the courts of
England and Wales will have non-exclusive jurisdiction to settle any dispute
or claim arising out of or in connection with these terms, the MCP, its
subject matter or formation, including any non-contractual disputes or
claims.
13. HOW TO CONTACT US
13.1. You can contact us on akwaaba@indelibl.co