NBT Terms of Use

Thank you for visiting the NBT website (Website). By using this Website, you accept these Terms of Use and agree, as an individual and on behalf of the organisation named on your membership application, to be bound by them. If you do not agree to these Terms of Use, please do not use this Website. In these Terms of Use, “you” and “your” refer to you in your individual capacity and to the organisation (if any) named in your membership application who you also commit to comply with these Terms of Use. You represent that you have the authority to bind that organisation.

We may revise these Terms of Use at any time by amending this page. You should check these Terms of Use each time you revisit the Website. By continuing to use this Website, you accept any changes and agree to be bound by them. You should print a copy of these Terms of Use for your future reference.

Additional terms of use apply to the members area, a section of the Website that is hosted by Ning Inc. on it’s own platform www.ning.com. In becoming a member, you agree to be bound by Ning Inc.’s terms of use in addition to these Terms of Use.

• The Services
• Who we are
• Content available
• What you are allowed to do
• What you are not allowed to do
• Suspending or terminating your registration
• Your content and our use of it
• Your content and consents
• The options you have in relation to limiting access to your content
• Our Content
• Your personal information
• Registration information and password
• Our liability
• Eligibility
• General

The services we provide are the Website and related services (such as content services relating to New Brand Tribalism™ including news, notices, discussion groups and other information) (the “Service(s)”). We may, in our sole discretion, modify the Service at any time for various reasons including to deal with changes in law, improvements, development or any other reason which we may deem valid at any time. Changes to the Service will be posted on the website. If any portion or change to these Terms of Use or the Service is unacceptable to you or will cause you to no longer be in compliance with the Terms of Use you may cease to use the Service. Continued use of the Service or following posted notices of changes in the Terms of Use means that you have accepted and are bound by the changes.

Your activities on our blog and any other content you submit to the Website are governed by the Community Guidelines and you agree to be bound by these guidelines which are incorporated into these Terms of Use.

The Service is operated by New Brand Tribalism™ Limited a company incorporated in England and Wales, (company number 07028992) and whose registered address is 6 Beaconsfield Road, Clifton, Bristol BS8 2TS (“NBT “, “we” and “us”).

Non-Members

Some limited content is accessible by non-member users (such as information about New Brand Tribalism™ and access to our public blog) though most content is accessible by users who are members.

Members

Members, in addition to the content accessible by non-members, will also be able to post their own content (subject to the Community Guidelines), access content posted by other members, view research papers, information from major corporations and brand consultancies on their experience of new brand tribalism, as well as searching for and accessing the profiles of other members in the members contact directory whom they can also contact (where the relevant member agrees).

NBT will review all applications to obtain membership of the Website, and may turn down some applications in its absolute discretion, which a view to ensuring the right balance and make-up of the membership.

We currently intend to launch an additional section of the Website, open to a restricted category of members, where the brand-owning companies may have dedicated “client-rooms” and in which creative brand projects may be undertaken. If this section is launched, further terms will be added to these Terms of Use in respect of this section and what happened in it.

You may retrieve and display content from our Website on a computer screen, print and copy individual pages and store such pages in electronic form for the internal business purposes of the organisation named in your membership application. If you do so, you must not remove any copyright, trademark or other intellectual property right notices from the original content.

The decision to upload content or personal information to the Website is your responsibility.

You must not post or send anything which:

• is or may be: defamatory, derogatory, fraudulent, degrading, abusive, hateful, false, misleading, inaccurate, untrue, malicious, offensive, harassing, threatening or racist;
  obscene, vulgar, indecent, pornographic or of a sexual nature;
• a violation of another person’s privacy;
• a breach of confidentiality;
• a computer viruses or other malicious or harmful code;
• identifiable information about living people without their consent, or, in the case of people under 16, the consent of their parent or guardian. This includes (but is not limited to) a person’s full name, location and contact information;
• causes or is likely to cause anyone: alarm, annoyance, anxiety, embarrassment, offence or distress;
• incitement to racial or religious hatred;
• infringes any intellectual property rights, such as copyright and trademarks. This means generally that you must own the rights in everything you post or must obtain permission from the rights owner to post the information;
• could prejudice any active legal proceedings of which you are aware;
• is unlawful or promotes or teaches unlawful activity;
• is in breach of these Community Guidelines, our Terms of Use and/or Privacy Policy.

You must not:

• impersonate anyone else or otherwise misrepresent your identity or status
• hold yourself out as an employee or representative of NBT or anyone affiliated with the NBT family of companies, websites or affiliates
• stalk or harass or make persistent or regular contact with other users without their consent or encouragement or after any consent or encouragement has, expressly or impliedly, been withdrawn
• collect and process others’ personal data except where this is expressly permitted by these Terms of Use or on our Website (in which case you must comply with any terms relating to such collection and processing that we specify)
• use our Website or Services in a way that might damage our name or reputation or that of any of our affiliates
• use our Website or Services for any illegal activity or provide material which promotes or teaches illegal activity
• copy or store electronically all or part of our Website or its contents (except as set out under “What you are allowed to do” section of the Terms of Use), or make available, distribute, sell or offer to sell all or any part of the Website of members contact directory in the members section, or download content and data from the Website or members contact directory to make or populate another database, website or other materials or resource for any purpose

We may suspend, terminate or prevent your registration to our Website at our sole discretion. This may be because, for example, we consider that you have breached or will breach these Guidelines or our Terms of Use or someone has reported abuse.

Where we suspend, terminate or prevent your registration, you must not attempt to re-register or submit content (e.g. using someone else’s registration), without our permission. The period of any suspension depends on all the circumstances.

You still own the original copies of the content that you post and we are not trying to prevent the further reuse of this content by you. If you post or send any content (e.g. information, words, photographs, images or video or audio files) whilst using the Services, you give us and our group companies permission to use, copy, adapt, edit, translate, make available, transmit or otherwise communicate, display and publish such content (or any part of it) together with the ability to sub-licence the same. The grant of these rights to us is irrevocable, worldwide and royalty free. This means, for example, that we can continue to use and display that content even if you ask us to remove it or after your registration or subscription has ended. If you do not want to grant NBT the rights set out in this paragraph, please do not submit your content to us.

To the extent permitted by applicable law, you agree to waive all moral rights in any content that you post or send whilst using the Services, including the right to be identified as the author of such content.

We are not responsible for content that you or others provide or that you might see when using the Services.

We do not actively screen, moderate or monitor any content either before or after it is posted or sent. However, we may remove or edit any of your content and take such other action at our complete discretion.

If you upload anything to our Website, you consent to the Community Guidelines, which form part of these Terms of Use as well as agree to such upload as being governed by the Terms of Use. In general, you should submit only content which belongs to you and will not violate the intellectual property or other rights of other people or organisations.

By including a reference to yourself or others in any content that you post or submit, you consent to you or others being referred to in connection with the Services.
This consent includes the following:

We may publish the content or any part of it to the world through our Websites for an indefinite period;

Anyone in the world may search, view or hear the content at anytime for an indefinite period.

A reference to a living person includes a reference by any means whatsoever (including by name or nickname, by description or by appearance in a photograph or film).

Before posting or sending any content referring or relating to any living person aged 16 or over, you must obtain that person’s explicit consent to be referred to in connection with the Services.

Before posting or sending any content referring to or relating to any living person age 15 or under, you must obtain the consent of their primary parent or guardian for their child to be referred to in connection with the Services. You must make it clear to the parent/guardian that such consent is on behalf of the child and explain the implications of the consent (see above).

Be aware that content, including photographs, texts and drawings, even if submitted to a site of which you are a member, belongs to the creator or submitter and you should not reproduce it without permission of the owner and that photographs of living individuals must not be posted without their consent.

Please make yourself familiar with our Privacy Policy.

In the members section of the Website, once you upload, the uploaded data becomes accessible by all other members accessing the Website . In the non-members section of the Website, any user (whether registered as a member or not) can view your content. Our Privacy Policy has more details on access to the content you post. All information that you post will be displayed and is available for other members to search, view or hear.

Our Website contains software, trade marks, graphics, information, data, editorial and other content (“Our Content”).

Except where we say otherwise, and except where you upload material to this Website, we are the owner or licensee of all intellectual property rights in and to our Website and all Our Content. All such rights are reserved.

Except as expressly set out in these Terms of Use, nothing in these Terms of Use gives you any right in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading Our Content from the Website.

We will use your personal information in accordance with our Privacy Policy, which forms part of these Terms of Use.

We restrict access to certain parts of our Website to members . If we provide you with a user ID code and/or other password, you must keep the password secret and ensure that it is not used by others. Anything done by someone who has used your User ID and password we will assume to have been done by you and you will be responsible for it. If you think someone else may have access to or be using your User ID or password, it has been compromised, or if you become aware of any unauthorised use of your account, you must tell us as soon as possible by emailing .

You must keep your registration information up to date. This includes your email address and your contact information. Your registration as a member of this Website is personal to you and cannot be transferred.

We are not responsible if you cannot access our Website properly or at all because your ISP connection, the Internet generally or your browser software is inadequate or functioning badly, or if your ISP suspends or terminates their service to you, or because of any other event outside our control.

Making the Service enjoyable means we need to fix bugs, install updates and do general diagnosis and maintenance of our Website. We will try to do scheduled maintenance during what we anticipate will be relatively low levels of online use. We also need to be able to do emergency maintenance and/or suspend access to the servers where, in our reasonable discretion, we see the need to do that. We will try to have our Website available again as soon as we think it is safe to do so.

Our Website relies in part on software to work. Software has bugs. Whilst we will monitor the website and try to fix bugs that we spot or that are made known to us, we cannot guarantee that our Website will be bug-free or will work all the time. It is not a term of these Terms of Use that Our Website or any individual feature of Our Website will always be available, error free and/or free from viruses.

Where our Website contains links to or information relating to other websites and third party products or services, these links are provided for your information only. We are not responsible for the content of these websites or products or services.

We exclude: (a) any responsibility for or liability arising out of any dealings you have with third parties that take place using or facilitated by our Website; and (b) any liability for losses which are not a foreseeable or likely consequence of your use of our Website, or of a breach of these Terms of Use.

We will not be liable to you over the entire period of your use of our Website for any loss in excess of £5,000 in the aggregate.

We will not be liable for loss of business or revenue, loss of damage to reputation or goodwill, indirect, consequential or special loss over the entire period of your use of our Website.

Notwithstanding this, nothing in these Terms of Use will affect any liability we may have for: (a) death or personal injury arising from our negligence or our liability; (b) fraudulent misrepresentation; or (c) any other liability that cannot by law be excluded or limited.

You are only permitted to use this Website and the Services if you are 18 years of age or over.

If any part or provision of these Terms of Use are found to be unenforceable, this shall not affect the validity of any part or other provision. These Terms of Use shall be governed in all respects by English law and you hereby submit to the non-exclusive jurisdiction of the English Courts.