Terms of Use

Terms of Use of this Website

1. Company information

The present Visitors General Terms of Use (hereafter the “Terms of Use”) are those of LENEWBLACK, a French company (“société par actions simplifiée”), with a capital of 23 780, 00 euros, registered at Paris Trade and Companies Register under number 513 573 717, whose register office is located 17, rue Dupetit-Thouars, 75003 Paris – FRANCE, telephone number: +33 (0)1 84 16 10 70, e-mail address: contact@lenewblack.com.

For further details on LENEWBLACK, Our privacy and cookies policies, please consult our Privacy policy by clicking on the following link:

https://www.lenewblack.com/lenewblack/article/privacy/

 

2. General

On its website www.lenewblack.com (the “Website”), LENEWBLACK offers to professional fashion brands or, as the case may be, their agencies, agents and/or sales representatives as well as to professional buyers having subscribed an account on the Website (collectively the “Member(s)”), an access to unique, permanent and global editorial and hosting tools aiming at facilitating exchanges and purchases between them, before during and after the major world fashion-weeks.

The Terms of Use shall govern the relationship between you, as an individual and anonymous visitor of the Website (“You”, “Your”, or “Visitor(s)”) and LENEWBLACK (“We”, “Us”, “Our”, or “LENEWBLACK’) regarding the use of the information, content and data edited by LENEWBLACK and/or the Members, and publicly available on the Website.

Visitors and LENEWBLACK may be hereinafter referred to individually as a “party” or collectively as the “parties”.

The Services are reserved to Members having subscribed an account on the Website and subject to the acceptance of LENEWBLACK’s applicable terms and conditions. In case of any discrepancy or contradiction between the present Terms of Use and such terms and conditions, the latter shall prevail over the Terms of Use.

 

3. Conditions for consulting the Website

By visiting and consulting the Website, You expressly agree with the provisions of the present Terms of Use. You are strongly advised to read the present Terms of Use on a regular basis when You visit the Website as LENEWBLACK reserves the right, in its sole discretion, to amend, alter or otherwise update the present Terms of Use at any time and without prior notice. Such amendments, alterations, and updates shall be effective immediately upon posting on the Website. You agree to be bound by such modified, altered, and updated Terms of Use if You access or otherwise use the Website after LENEWBLACK has posted notice of such modifications, alterations or updates.

As a Visitor and user of the Website you recognize that (i) all the information, content and data available, published and/or edited on the Website are the sole and exclusive property of LENEWBLACK (and/or, as the case may be, a Member) and (ii) Visitors are responsible for using the Website in a private and secure manner and may not use it for the purpose of any illegal activity or to violate any applicable laws or regulations.

 

4. Intellectual property

You hereby expressly recognize and agree that the Website as a whole as well as the various information and materials contained therein (including but, not limited to, any texts, structures, animations, pictures, drawings, photographs, videos, illustrations, graphics, or other elements etc.), including LENEWBLACK’s trademarks, logos and/or other distinctive signs are strictly proprietary and protected under the provisions of the French Intellectual Property Code.

Unless otherwise expressly stated, the intellectual property rights related to any such information and/or materials available on the Website and/or created for this Website are the exclusive property LENEWBLACK (and/or, as the case may be, a Member) and that the latter does not grant any license or any right other than the right to consult the Website.

You agree not to use, in any manner, such proprietary information or materials. No part of the Website may be reproduced, adapted, translated, reedited, published or broadcasted in any form or by any means, except with the prior written consent of LENEWBLACK.

You will be liable to LENEWBLACK for any violation of said intellectual property rights and/or any consequences thereof.

 

5. Editorial Control

LENEWBLACK shall retain at all times sole and exclusive editorial control over the Website, its presentation and contents. LENEWBLACK may from time to time change its Website interface design, navigation schema and other aspects of how the Website will be used based on usability testing, best design practices and changing standards within LENEWBLACK.

 

6. Description of the Services

LENEWBLACK makes its best efforts to describe the Services in the most accurate manner on its Website. However, we do not make any representation or warranty as regards the Services’ description or other contents’ accuracy, completeness, reliability or that they are free of any error.

 

7. Hyperlinks

The Website may include links to other websites. Insofar as LENEWBLACK cannot control these websites, LENEWBLACK cannot be held liable for the availability, content, advertising, products, services or any other material available on or from these websites. LENEWBLACK cannot be held liable for any damages or losses, proven or allegedly in connection with the use of such websites, or the fact of having trusted the content, goods or services available on these websites or other external sources.

 

8. Limitation of Liability

Except to the extent stated in this clause, LENEWBLACK will not be liable for any damages of any kind arising from the consulting of the Website by any Visitor, including, without limitation, incidental, punitive, consequential, indirect, special, or exemplary damages.

LENEWBLACK does not guarantee continuous nor secure access to the Website and the consulting of the Website may be interfered with by numerous factors outside of Our control, which You expressly recognize and accept. Accordingly, to the extent legally permitted, We hereby exclude all implied warranties, terms and conditions. We may in particular not be liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of Your consulting of the Website.

Further, all information, content and data provided, as the case may be, on the blog, or through newsletters, Facebook/Twitter alerts edited by LENEWBLACK is for informational purposes only. LENEWBLACK makes no representations as to the accuracy or completeness of any information on the blog (or found by following any link on the blog), newsletters, or Facebook/Twitters alerts. LENEWBLACK will not be liable for any errors or omissions in this information nor for the availability of this information. LENEWBLACK will not be liable for any losses, injuries, or damages resulting from the display or use of this information.

The Website and its content described in the present Terms of Use are published and edited by LENEWBLACK on an “as is” and “as available” basis. LENEWBLACK makes no representations or warranties of any kind, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and implied warranties arising from course of dealing or course of performance.

 

9. Indemnification

You agree to indemnify and hold harmless each of LENEWBLACK, its parents, subsidiaries, affiliates, joint ventures, officers, directors, agents and employees, from any claim, demand or damages (actual and consequential) of every kind and nature, known or unknown, including reasonable attorneys' fees and costs, with or made by Us, one or more Members and/or any other third party due to, arising out of or in any way connected with any conduct by You, a breach of Your representations or warranties, and/or the violation of the present Terms of Use by You.

 

10. Governing Law

The present Terms of Use, their implementation and all consequences and proceedings that may result from any breach thereto shall be governed by and construed in accordance French law.

 

11. Competent Jurisdiction

LENEWBLACK, its Members and Visitors irrevocably agree that the competent courts of Paris – FRANCE shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the present Terms of Use.

 

Last update: February 22nd, 2017