These Terms of Service govern your access to and use of the Services, including our websites, email notifications, applications, buttons, and widgets, and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
1. Basic Terms
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you can form a binding contract with NouvelleBox and are not a person barred from receiving services under the laws of the United Kingdom or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorised to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that NouvelleBox provides are always evolving and the form and nature of the Services that NouvelleBox provides may change from time to time without prior notice to you. In addition, NouvelleBox may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by NouvelleBox on the Services are subject to change. In consideration for NouvelleBox granting you access to and use of the Services, you agree that NouvelleBox and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
NouvelleBox reserves the right to distinguish your application to the site, as to whether you are eligible for a “Portfolio” or whether you need to apply for the “Database.” Portfolio users are individual or collective designers, stylists, writers, photographers, administrative staff or individuals working in the design/creative side of the fashion industry. Database applicants are those who wish to provide and or sell tools, goods, materials, production and or services to aid the design/creative end of the fashion industry. Nouvellebox reserves the right to move or terminate the accounts of those who are posing as portfolio users but are deemed, by the discretion of NouvelleBox, to be a Database applicant.
2. Privacy
Any information that you provide to NouvelleBox is subject to our Privacy Policy, which governs our collection and use of your Content and information. You understand that through your use of the Services you consent to the collection and use of this Content and information, including the transfer of this information to the United States and/or other countries for storage, processing and use by NouvelleBox. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your NouvelleBox account, which you may not be able to opt-out from receiving.
3. Passwords
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, and numbers) with your account. NouvelleBox cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
4. Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will NouvelleBox be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
5. Your Rights
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license to transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
We may need to modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof. You understand that your Content may be syndicated, broadcast, distributed, or published by NouvelleBox and our partners and if you do not have the right to submit Content for such use, it may subject you to liability. NouvelleBox will not be responsible or liable for any use of your Content by NouvelleBox in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
6. Your License to Use the Services
NouvelleBox gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by NouvelleBox as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by NouvelleBox, in the manner permitted by these Terms.
7. NouvelleBox Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of NouvelleBox and its licensors. The Services are protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Nothing in the Terms gives you a right to use the NouvelleBox name or any of the NouvelleBox trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding NouvelleBox, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
8. Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of NouvelleBox, its users and the public.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, NouvelleBox’s computer systems, or the technical delivery systems of NouvelleBox’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by NouvelleBox (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with NouvelleBox (NOTE: Crawling the Services is permissible, however scraping the Services without the prior consent of NouvelleBox is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
9. Copyright Policy
NouvelleBox respects the intellectual property (IP) rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorised to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (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) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised 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 you are authorised to act on behalf of the copyright owner. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, NouvelleBox will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
NouvelleBox Limited
Email: admin@nouvellebox.com
10. Ending These Terms
The Terms will continue to apply until terminated by either you or NouvelleBox as follows.
You may end your legal agreement with NouvelleBox at any time for any reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform NouvelleBox when you stop using the Services.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms; (ii) you create risk or possible legal exposure for us; (iii) our provision of the Services to you is no longer commercially viable or; (iv) you or your organisation acts in such a way that your affiliation with our Service could jeopardise our commercial appeal. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12.
Nothing in this section shall affect NouvelleBox’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
11. Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of NouvelleBox and its affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “NouvelleBox Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available "AS-IS": Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE NOUVELLEBOX ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The NouvelleBox Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the NouvelleBox Entities or through the Services, will create any warranty not expressly made herein.
B. Links: The Services may contain links to third-party websites or resources. You acknowledge and agree that the NouvelleBox Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the NouvelleBox Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE NOUVELLEBOX ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE NOUVELLEBOX ENTITIES EXCEED THE GREATER OF ONE GB POUND (GBP £1.00) OR THE AMOUNT YOU PAID NOUVELLEBOX, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, NEGLIGENCE OR OTHERWISE, AND WHETHER OR NOT THE NOUVELLEBOX ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
12. Payment Terms
If you purchase any of our paid Services, you agree to pay us the applicable fees. Failure to pay these fees may result in the termination of your subscription. Also:
- Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
- You authorize us to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your service (e.g. subscriptions) and to facilitate easy payment for new services.
- You must pay us for applicable fees unless you cancel the paid services, in which case you agree to still pay these fees through the end of the applicable subscription period.
13. Refund Policy
Generally, all fees and charges are nonrefundable and there are no refunds or credits for partially used periods. Except as noted here, all paid products including Gold and Silver Account subscriptions, NouvelleBox Job postings are nonrefundable after purchase and delivery.
An exception we may consider is providing a refund when we've updated your payment information and there are good reasons to believe that you did not intend for an update to be made.
Also, under the laws applicable in your jurisdiction, Gold and Silver Account subscribers may qualify for a refund if requested during a short period of time after the beginning of the subscription. For example, citizens of the European Union are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14 day period commences when the subscription service starts, which in the event of free trial promotions happens before you are first charged, and so there may be no fees paid to be refunded.
Please note, all of your Gold and Silver features expire as soon as your cancellation takes effect at the end of your current billing cycle.
14. General Terms
A. Waiver and Severability: The failure of NouvelleBox to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction: These Terms and any action related thereto will be governed by the laws of the United Kingdom without regard to or application of its conflict of law provisions or your country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in courts located the United Kingdom, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
C. Entire Agreement: These Terms and our Privacy Policy are the entire and exclusive agreement between NouvelleBox and you regarding the Services (excluding any services for which you have a separate agreement with NouvelleBox that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between NouvelleBox and you regarding the Services. Other than members of NouvelleBox Limited, no other person or company will be third party beneficiaries to the Terms.
We may revise these Terms from time to time. If the revision, in our sole discretion, is material we will notify you via e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by NouvelleBox Limited. If you have any questions about these Terms, please contact us.
NouvelleBox Rules
Our service allows you to upload, discover and share content from sources that interest you as well as to share your content with others. We respect the ownership of the content that users share and each user is responsible for the content he or she provides. Because of these principles, we do not actively monitor user’s content and will not censor user content, except in limited circumstances described below.
Content Boundaries and Use of NouvelleBox
In order to provide the NouvelleBox service and the ability to communicate and stay connected with others, there are some limitations on the type of content that can be published with NouvelleBox. These limitations comply with legal requirements and make NouvelleBox a better experience for all. We may need to change these rules from time to time and reserve the right to do so. Please check back here to see the latest.
- Impersonation: You may not impersonate others through the NouvelleBox service in a manner that does or is intended to mislead, confuse, or deceive others.
- Trademark: We reserve the right to reclaim user names on behalf of businesses or individuals that hold legal claim or trademark on those user names. Accounts using business names and/or logos to mislead others will be permanently suspended.
- Privacy: You may not publish or post other people's private and confidential information, such as credit card numbers, street address or National Identity / Social Security numbers, without their express authorisation and permission.
- Copyright: We will respond to clear and complete notices of alleged copyright infringement. Our copyright procedures are set forth in the Terms of Service.
- Unlawful Use: You may not use our service for any unlawful purposes or in furtherance of illegal activities. International users agree to comply with all local laws regarding online conduct and acceptable content.
Spam and Abuse
NouvelleBox strives to protect its users from spam and abuse. Technical abuse and user abuse is not tolerated on nouvellebox.com and will result in permanent suspension. Any accounts engaging in the activities specified below are subject to permanent suspension.
- Serial Accounts: You may not create serial accounts for disruptive or abusive purposes, or with overlapping use cases. Mass account creation may result in suspension of all related accounts. Please note that any violation of the NouvelleBox Rules is cause for permanent suspension of all accounts.
- Username Squatting: You may not engage in username squatting. Accounts that are inactive for more than 6 months may also be removed without further notice. Some of the factors that we take into account when determining what conduct is considered to be username squatting are:
- the number of accounts created;
- creating accounts for the purpose of preventing others from using those account names;
- creating accounts for the purpose of selling those accounts;
- using feeds of third-party content to update and maintain accounts under the names of those third parties;
- Invitation spam: You may not use NouvelleBox.com's address book contact import to send repeat, mass invitations.
- Selling user names: You may not buy or sell NouvelleBox usernames.
- Malware/Phishing: You may not publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy.
- Pornography: You may not use obscene or pornographic images in your profile photo, header photo, or user background.
- Spam: You may not use the NouvelleBox service for the purpose of spamming anyone. What constitutes “spamming” will evolve as we respond to new tricks and tactics by spammers. Some of the factors that we take into account when determining what conduct is considered to be spamming are:
- If you have followed a large amount of users in a short amount of time;
- If you have followed and unfollowed people in a short time period, particularly by automated means (aggressive follower churn);
- If you repeatedly follow and unfollow people, whether to build followers or to garner more attention for your profile;
- If you have a small number of followers compared to the amount of people you are following;
- If your updates consist mainly of links, and not personal updates;
- If you post misleading links;
- If you post links of any kind in feedback or comment fields;
- The number of spam complaints that have been filed against you;
- If you post duplicate content over multiple accounts or multiple duplicate updates on one account;
- If you repeatedly post other users' Posts as your own;
- Creating or purchasing multiple accounts in order to gain followers;
- If you create false or misleading Points of Interest;
- If you create Points of Interest to name squat or spam.
Payments for your Portfolio or position in the Database must be kept up to date with the payment terms that are explained on the payment page. If these payments are not kept up to date NouvelleBox will remove your payed privileges.
Your account may be suspended for Terms of Service violations if any of the above is true. Accounts created to replace suspended accounts will be permanently suspended.
NouvelleBox reserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate these Rules or the Terms of Service.
NouvelleBox Privacy Policy
This Privacy Policy describes how and when NouvelleBox collects, uses and shares your information when you use our Services. NouvelleBox receives your information through our website and email notifications. When using any of our Services you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy. Irrespective of which country you reside in or supply information from, you authorise NouvelleBox to use your information in the United Kingdom and any other country where NouvelleBox operates.
If you have any questions or comments about this Privacy Policy, please contact us at admin@nouvellebox.com.
Information Collection and Use
Information Collected Upon Registration: When you create or update a NouvelleBox account, you provide some personal information, such as your name, username, password, and email address. Some of this information, for example, your name and username, is listed publicly on our Services, including on your profile page and in search results. Some Services, such as search and online magazine do not require registration.
Additional Information: You may provide us with profile information to make public, such as a short biography, your location, your website, or a picture. You may provide information to customise your account, such as your email address. We may use your contact information to send you information about our Services. You may also unsubscribe by following the instructions contained within the notification or the instructions on our website. We may use your contact information to help others find your NouvelleBox account. We may later suggest people to follow on NouvelleBox based on your imported address book contacts. If you email us, we may keep your message, email address and contact information to respond to your request.
Posts, Following, Lists and other Public Information: Our Services are primarily designed to help you share your creative work with the world. Most of the information you provide us is information you are asking us to make public. This includes not only the comments, feedback, press releases, news and articles you post, and the metadata provided with Posts, such as when you Posted, but also projects you create, the people you follow, the Posts you mark as favourites, and many other bits of information that result from your use of the Service.
Links: NouvelleBox may keep track of how you interact with links across our Services, including our email notifications, third-party services, and client applications, by redirecting clicks or through other means. We do this to help improve our Services, to provide more relevant advertising, and to be able to share aggregate click statistics such as how many times a particular link was clicked on.
Cookies: Like many websites, we use "cookie" technology to collect additional website usage data and to improve our Services, but we do not require cookies for many parts of our Services such as searching and looking at public user profiles or lists. A cookie is a small data file that is transferred to your computer's hard disk. NouvelleBox may use both session cookies and persistent cookies to better understand how you interact with our Services, to monitor aggregate usage by our users and web traffic routing on our Services, and to customise and improve our Services. Most Internet browsers automatically accept cookies. You can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. However, some Services may not function properly if you disable cookies.
Log Data: Our servers automatically record information ("Log Data") created by your use of the Services. Log Data may include information such as your IP address, browser type, operating system, the referring web page, pages visited, location, device and application IDs, search terms, and cookie information. We receive Log Data when you interact with our Services, for example, when you visit our websites, sign into our Services, interact with our email notifications, use your NouvelleBox account to authenticate to a third-party website or application, or visit a third-party website that includes a NouvelleBox button or widget.
Information Sharing and Disclosure
Your Consent: We may share or disclose your information at your direction, such as when you authorise a third-party web client or application to access your NouvelleBox account.
Service Providers: We engage service providers to perform functions and provide services to us in the United Kingdom and abroad. We may share your private personal information with such service providers subject to confidentiality obligations consistent with this Privacy Policy, and on the condition that the third parties use your private personal data only on our behalf and pursuant to our instructions.
Law and Harm: Notwithstanding anything to the contrary in this Policy, we may preserve or disclose your information if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect NouvelleBox’s rights or property. However, nothing in this Privacy Policy is intended to limit any legal defences or objections that you may have to a third party’s, including a government’s, request to disclose your information.
Business Transfers: In the event that NouvelleBox is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. The promises in this Privacy Policy will apply to your information as transferred to the new entity.
Modifying Your Personal Information
If you are a registered user of our Services, we provide you with tools to access or modify the personal information you provided to us and associated with your account.
You can also permanently delete your NouvelleBox account. When your account is deactivated, it is not viewable on nouvellebox.com. For up to 30 days after deactivation it is still possible to restore your account if it was accidentally or wrongfully deactivated. After 30 days, we begin the process of deleting your account from our systems, which can take up to a week.
Our Child Policy
Our Services are not directed to persons under 16. If you become aware that your child has provided us with personal information without your consent, please contact us at admin@nouvellebox.com. We do not knowingly collect personal information from children under 16. If we become aware that a child under 16 has provided us with personal information, we take steps to remove such information and terminate the child's account.
General
If, for any reason, any of these Terms of Use are determined to be illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms of Use and all of the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.
No failure or delay by us in exercising any right, power or privilege under these Terms of Use shall operate as or constitute a waiver of such right or acceptance of any variation of these Terms of Use and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
These Terms of Use set out the entire agreement and understanding between us and you and supersedes any and all previous agreements, representations and arrangements between us (either oral or written). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.
Except for NouvelleBox’s affiliates, who are express and intended third party beneficiaries of these Terms of Use and may enforce any of its terms and exercise any of the rights to the same extent as NouvelleBox, nothing in this Agreement shall confer or purport to confer on any other third party, any benefit or the right to enforce any term of this Agreement and The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms of Use.
These Terms of Use are governed by English law and the English courts will have exclusive jurisdiction over any claim arising from, or related to these Terms of Use and/or a visit to the Site.
