Terms and conditions

Important introduction

These are the Website terms and conditions of use (“Terms”), which apply to the use of the Website by end users. By accessing the Website you agree to be bound by these Terms.  If you do not agree to these Terms then you are not entitled to enter this website.

These Terms constitute an agreement between us and contain the entire terms of your use of the Website and all matters which are referred to herein. These Terms supersede any prior written or oral agreement between us relating to such matters. We may change these Terms from time to time.

You confirm that, in agreeing to accept these Terms, you have not relied on any representation that is not expressly included in these Terms. You may only use the Website for your personal and non-commercial use.

The Terms will be exclusively governed by and construed in accordance with the laws of England and Wales whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.

User accounts

In order to use some parts of the Website, you may need to create an account. You must never use another Website user’s account without obtaining their prior consent. You must provide full and accurate information when you create your account with us. You are solely responsible for the activity that occurs on your account, and so we suggest that you keep your account password secure. You must notify us immediately if you are aware of any unauthorised use of your account.

When joining Time Out via a User Account you will be asked to create an account which you can do via an emails address and secure password. Please review the full Privacy Policy for details of the management of other collection of personal data.

User submissions

We may now or in the future allow the submission to the Website of videos and/or other communications or materials by users of the Website (collectively “User Submissions”).

User Submissions must comply at all times with these Terms and with any separate terms and conditions relating to such User Submissions that we may publish on the Website from time to time.

A review is your description of the experience you had with friends, family or on your own at a restaurant, event, bar, venue, attraction or exhibition. We encourage reviews that are informative, entertaining and helpful for others and an explanation of what you enjoyed or didn’t.

By submitting a User Submission review to the Website you agree that the review is based on your own experience and is your genuine opinion, that you have no personal or business relationship with what you are reviewing and have not been offered any incentive or payment to write your review.

1. You agree that you understand that Time Out has a zero-tolerance policy on fake reviews.

By submitting User Submissions to the Website you hereby grant:

1. to Time Out a worldwide, royalty-free, perpetual, transferable, irrevocable, non-exclusive license and right to use, reproduce, share, copy, modify, publish, edit, translate, reformat, host, aggregate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sub-licensees.; and
2. to each user of the Website, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, licence to access the User Submissions through the Website.

By submitting User Submissions to the Website you warrant, represent and undertake to us that you have full power and authority to grant the rights and licences relating to the User Submissions set out in this Agreement and of the User Submissions you submit:

1. do not infringe any third party’s intellectual property rights (including without limitation copyright and/or trademarks), other proprietary rights or rights of publicity or privacy; and
   1. do not violate any law, statute, ordinance or regulation; and
   2. are not defamatory, libellous, unlawfully threatening or unlawfully harassing; and
   3. are not obscene or pornographic; and
   4. do not violate any laws regarding unfair competition, anti-discrimination or false advertising
   5. do not include e-mail addresses, urls or phone numbers
   6. are not a report of someone else’s experience

We encourage you to share your opinion about a feature we’ve written or a review that has been written by us or by one of our users. We like comments that are your view of another’s opinion and are constructive – be that agreeing or disagreeing.

Millions of Time Out users like you rely on both our reviews and other users reviews when looking for inspiration and how to get the best out of the city. Helpful reviews and comments should be:

1. User-friendly – No profanity, threats, prejudiced comments, hate speech, sexually explicit language, or other content that is not appropriate for other users
2. Those that detail first-hand experiences.
3. Unique and Independent – You should write one review on any given event, restaurant, or attraction.
4. Original – No substantially quoted material from other sources, including (but not limited to) websites, e-mail correspondence, other reviews, etc.
5. Non-commercial – No promotional material of any kind, including self-promotional URLs. We reserve the right to reject any URL, e-mail address, or phone number for any reason.
6. Submitted by persons over the age of 18
7. Submitted with a valid e-mail address
8. Submitted with no HTML tags and no excessive ALL CAPS, slang, or typographic symbols.

We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. We do not permit copyright infringing activities or any infringement of any other intellectual property rights on the Website. We reserve the right to remove the User Submissions without notice for any reason in our absolute discretion, including, without limitation, breach of the User Submission Conditions and/or breach of any intellectual property rights.

Time Out allows the management or representatives of events, venues, restaurants or attractions to respond to reviews written by users on the Time Out site and these should be identified by your user account. Time Out reserves the right to remove a review or management response at any time for any reason.

If you believe any of the User Submissions on the Website are inaccurate, offensive, indecent, objectionable or infringe any intellectual property rights please contact us.

You acknowledge that when using the Website, you may be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.

Terms of Use for timeoutcroatia.com

The website timeout.com/croatia (“the Website”) is operated by Time For Croatia Limited (“our”, “us”, “Time Out” and “we”) which is a company registered in England and Wales with registration number 07229973. Our registered office and postal address is 2/4 Ash Lane, Rustington, BN16 3BZ, England

If you are under the age of 18

We do not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register. If you are under 18, please do not attempt to register on this website or send any information about yourself to us, including your name, address, telephone number or email address. No one under age 18 may provide any personal information to or on this website. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. You may not have to be a member to participate in certain parts of the Website but you must meet the designated minimum age requirements for the specific matter.

Website Partners

The Website is controlled and offered by us from England.

The Website may contain hyperlinks to websites and resources owned and operated by third parties. These third party websites and resources have their own terms of use and privacy policies which you will need to comply with. We have no control over third party websites or resources and we are not responsible for the availability of such websites and resources. We do not accept any responsibility or liability for any third party websites and resources and your access and use of such services and content is at your own.

Third party links do not imply that we endorse, are affiliated or associated with any linked website, or are legally authorised to use any intellectual property accessible through such links.

Financial transactions

Through timeout.com/croatia you may have the opportunity to acquire tickets, packages, goods products and services, make bookings for venues and events and obtain other benefits and enter into commercial transactions (“e-commerce transactions”). e-commerce transactions are available both from Time Out and from Time Out’s commercial partners (“Transactional Partners”). It is important to note that where you enter into e-commerce transactions with Transactional Partners you will be required to enter into separate terms and conditions in respect of such transaction directly with Transactional Partners.

Time Out cannot be held responsible for any transaction that you enter into with a Transactional Partner.

What we will do

We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website because of a failure, suspension or withdrawal of all or part of the Website for any reason.

We will use reasonable endeavours to verify the accuracy of any information that we make available either directly or through any website partners wherever practical however we are not in a position to ensure the complete accuracy of information that can often change such as for instance opening times, dates of performances, schedules and current prices and we strongly recommend that prior to relying on information made available through the Website, such information where capable of change is confirmed with the applicable venue, facility or service provider.

What we can do

We can at any time:

1. modify or withdraw, temporarily or permanently, the Website (or any part of it) with or without notice to you and we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
2. change these Terms from time to time, which will be notified in advance of the change. Your continued use of the Website (or any part of it) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using the Website; and/or
3. monitor any activity and content associated with the Website. We may investigate any reported violation of these Terms or complaints relating to the Website and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

The Website – What you must not do

You must not:

1. use the Website (or any part of it) for any illegal purpose and you shall use it in accordance with all relevant laws;
2. upload or transmit through the Website (whether by way of User Submission or otherwise):
   1. any computer viruses, macro viruses, trojan horses, worms, logic bombs or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or
   2. any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
3. use the Website in a manner which
   1. may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired or
   2. violates or infringes the rights of any person, firm or company (including, but not limited to, intellectual property rights, rights of confidentiality or rights of privacy);
4. create or publish a hypertext link to any part of the Website or attempt any unauthorised access to any part or component of the Website;
5. copy or distribute any part of the Website in any medium without our prior written consent; and
6. alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.

Links to other websites

We may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

Limitation of liability

The Website is provided on an “as is” and “as available” basis for your information and personal use only without any representation or endorsement. Unless specified in separate terms and conditions relating to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf (including free software downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, availability, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.

Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server which makes it available or products or services offered on the Website whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website.

You agree and accept that we will not be liable in contract, tort (including, without limitation, negligence) or otherwise for:

1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
2. any loss of goodwill or reputation; or
3. loss of data or use of data; or
4. any special or indirect or consequential losses, howsoever arising and in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.

Nothing in the Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, or any liability in the tort of deceit.

Indemnity

You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the terms by you or any other liabilities incurred by us arising out of your use of the website (including without limitation, in relation to User Submissions), or use by any other person accessing the website using your pc or internet access account.

Intellectual property and right to use

You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material or content contained within the Website shall remain at all times owned by Time For Croatia Ltd. You are permitted to use this material only as expressly authorised by us.

You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may print off one copy, and may download extracts of, any page(s) from the Website for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, broadcast, sell, license, display, distribute, commercially exploit or create derivative works of such material and content.

Except for Personal Data (as defined in our privacy statement), any information you submit to the Website, whether by way of comment, any chat room function or otherwise, will not be treated confidentially and you acknowledge that we may use such information for any purposes subject to these Terms.

By posting communications on or through the  Webpages, User shall be deemed to have granted to Time Out a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sub-licensees.

Sponsored Editorial: Time Out’s terms and conditions

The purchase by you of a sponsored editorial is conditional upon your acceptance of these Terms and Conditions.

Before buying a sponsored editorial you must open an account with us. Data collection is governed by our privacy policy as detailed on this site.

You will select a time period, payment amount, payment method and submit various information about your company or that which you are representing. This information may be edited by our staff. Photographs must fulfil the stated brief and all content is subject to the terms and conditions of this site.

Time for Croatia Ltd is the merchant of record for these transactions.

By placing an order for sponsored editorial through our site, you confirm that:

You are legally capable of entering into binding contracts;

You are the owner or official representative of the business

You are at least 18 years old.

You grant us an irrevocable non exclusive licence to use for any purpose any content you post on our Website or otherwise communicated to us via any media.

We may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.

Consumer rights

If you are contracting as a consumer, you may cancel within three working days of submitting your content for assessment for sponsored editorial use. In this case, you will receive a full refund of the price paid in accordance with our refunds policy.

To cancel your contract you must inform us in writing within the time specified. This time period is critical and cannot be extended. In the event that we receive written notice within the time period specified we shall cancel. This provision does not affect your statutory rights.

An exclusion to this is if we have edited your content and you have agreed for you it to be placed online at timeout.com/croatia before the three days are up.

Price and payment

Payment for all Products may be made by credit or debit card and/or Paypal.

Our refunds policy

The contract is non-cancellable except for the exclusion stated in Consumer Rights.

Exceptions will be dealt with on a case by case basis at the sole discretion of the merchant of record.

If we are providing a refund:

because you have cancelled the Contract between us as a consumer within three working days we will process the refund due to you as soon as possible. In this case, we will refund the price in full.

We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

Registration

Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you.

Our liability

Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the price of the sponsored editorial you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

This does not include or limit in any way our liability:

For death or personal injury caused by our negligence;

Under section 2(3) of the Consumer Protection Act 1987;

For fraud or fraudulent misrepresentation; or

For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

We are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Terms and Conditions by us that would entitle you to terminate the contract between us, including but not limited to:

• loss of income or revenue
• loss of business
• loss of profits or contracts
• loss of anticipated savings
• loss of data
• loss of data, or
• waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise [, even if foreseeable].

Suspension and termination

We will determine, in our discretion, whether there has been a breach of these Terms and Conditions through your use of our site. When a breach of these terms has occurred, we may take such action as we deem appropriate which may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use our site.

Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.

Issue of a warning to you.

Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach

Further legal action against you.

Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these Terms and Conditions. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.

Variations

We may revise these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our site.

Dispute Policy

If you believe any content posted by another user is in breach of these terms or in any other way infringes your rights, you can send us a formal notice (a “Moderation Notice”):

A Moderation Notice should be sent either:

By Post: to our current registered office, marked for the attention of “The Legal Department”; or

The Moderation Notice should include details of:

the date, time and listing of the comment(s)/content concerned;

the action that you wish us to take in respect of the comment(s)/content; and

the basis on which the action requested is requested (e.g. alleging it to be defamatory, abusive or otherwise in breach of these terms).

On receipt of the Moderation Notice, we shall, in most circumstances:

immediately suspend the comment(s)/content concerned;

commence an investigation into it/them; and

contact the user(s) concerned:

with a copy of your Moderation Notice;

giving them an opportunity to make representations to us in connection with their comment(s)/content and any points you made in your Moderation Notice; and

requesting that they respond to us within 21 days.

If we do not receive a response from the user(s) within 21 days, we will permanently delete the relevant comment(s)/content.

Once we have received a response from the user(s), we will take a decision within 21 days on whether to reinstate the comment(s)/content, permanently delete it/them or keep it/them suspended pending further investigation.

April 2014