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[title]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 a number of social network accounts or with an emails address and secure password. When logging in or creating an account via a social network The Time Out appointed supplier Gigya will ask the nominated application for permission to access selected data, which enables the service to work – for example your Friends list. This data is stored by Time Out against your profile. You can choose what personal information is displayed on timeout.com. When you login to using social networks the application will check for any changes and update your Time Out profile accordingly and stored by Time Out. Additionally if you amend details about yourself within your account profile this data will be retained as the master copy of your data. If you choose to deactivate your Time Out account all your data will be deleted from Time Out
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.
a)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:
(a) 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
(b) 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:
(a) 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
(ii) do not violate any law, statute, ordinance or regulation; and
(iii) are not defamatory, libellous, unlawfully threatening or unlawfully harassing; and
(iv) are not obscene or pornographic; and
(v) do not violate any laws regarding unfair competition, anti-discrimination or false advertising
(vi) do not include e-mail addresses, urls or phone numbers
(vii) 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:
a)User-friendly – No profanity, threats, prejudiced comments, hate speech, sexually explicit language, or other content that is not appropriate for other users
b)Those that detail first-hand experiences.
c)Unique and Independent – You should write one review on any given event, restaurant, or attraction.
d)Original – No substantially quoted material from other sources, including (but not limited to) websites, e-mail correspondence, other reviews, etc.
e)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.
f)Submitted by persons over the age of 18
g)Submitted with a valid e-mail address
h)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 timeout.com
The website timeout.com ("the Website") is operated by Time Out Digital Limited ("our", "us", “Time Out” and "we") which is a company registered in England and Wales with registration number 01782049. Our registered office and postal address is 4th Floor, 125 Shaftesbury Avenue, London, WC2H 8AD, 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 you 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. In the event that you enter into e-commerce transactions with Time Out then the terms and conditions relating to such transactions are subject to Time Out's e-commerce terms and conditions
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:
(a) 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
(b) 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
(c) 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).
Time Out Privacy Policy
We have a strict policy with regard to your personal data which is set out in our Privacy Policy which we have developed and is in accordance with the Data Protections Act 1998 and Data Protection legislation in place from time to time in the United Kingdom.
This constitutes the Privacy Policy of timeout.com ("the Website") which is operated by Time Out Digital Limited ("Time Out") "our", "us" and "we") which is a company registered in England and Wales with registration number 01782049. Our registered office and postal address is 4th Floor, 125 Shaftesbury Avenue, London, WC2H 8AD, England.
Time Out is subject to all applicable laws and regulations relating to the protection of personal data and privacy in the United Kingdom including (without limitation) the EU Data Protection Directive 95/46/EC, the EU Directive on privacy and Electronic Communications 2002/58/EC, the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003, the Regulation of Investigatory Powers Act 2000, the Data Protection (Processing of Sensitive personal data) Order 2000 and all other industry guidelines (whether statutory or non-statutory) or Codes of Practice issued by the Information Commissioner relating to the processing of personal data or privacy or any amendments and re-enactments thereof.
Time Out has developed this privacy policy to demonstrate a firm commitment to privacy and to disclose the information gathering and sharing practices for www.timeout.com and Time Out Group limited.
Notice of Collection of Data
By visiting timeout.com, you accept the practices described in this privacy policy and consent to the collection and use of your personal data by us for the purposes outlined in this Privacy Policy and for any other purpose reasonably necessary for the provision or proper administration of timeout.com and the business of Time Out Group Limited.
If you do not accept the practices set out in this Privacy Policy you should not use timeout.com.
Time Out will consider its Privacy Policy from time to time which may develop and evolve over time, and this policy may change to reflect that. We will use personal data in accordance with the Privacy Policy under which that personal data was collected subject to any later amendments accepted by you by virtue of your continued use of the Website. You should periodically revisit the timeout.com privacy policy to be sure you are familiar with the current policy. Use of timeout.com following any modifications to the privacy policy will be conclusively deemed as acceptance of the terms of this privacy policy and any changes to the policy both in connection with personal data previously collected and that collected following any changes to this Privacy Policy. You consent and agree to our right and ability to transfer, sell or otherwise dispose of any of its data assets.
Please note that timeout.com may contain links to other websites which are outside our control and are not covered by this Privacy Policy even though they may feature the Time Out logo because of a marketing agreement with Time Out. If you access other sites using the links provided, the operators of those sites may collect information from you which will be used by them in accordance with their privacy policy, which may differ from ours. You should look for the specific privacy statement on any such co-branded page. Time Out cannot be held responsible for the privacy policies of other companies. Time Out recommends you review the privacy policy of any site visited on the Internet.
Please also note that where Time Out makes available chat rooms, forums, message boards, and news groups that personal data that you disclose in these areas becomes public information and you should exercise caution when deciding to disclose any information on them.
What data is being collected?
If you are merely visiting the public areas of timeout.com, we do not collect any personal data about you, however, we may automatically collect information about your visits, such as browsing patterns. Information collected in this way does not reveal your contact details or any type of personal data. This information is only used in aggregate form to analyse, manage and develop timeout.com and is not linked to any individual.
We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. If you choose to fill out any reader surveys, enter a competition, apply for an offer or make a purchase from our online shop, you will be asked to supply some information about yourself, including your name, address, phone number and email address.
Time Out also collects the details provided by you on registration together with information we learn about you from your use of our service and your visits to timeout.com and other sites accessible from it. We also collect information about the transactions you undertake including details of payment cards used.
If you enter a competition you should read the terms and conditions of that promotion which will confirm how we will use any personal data submitted as part of the entry to the competition. By entering a competition or applying for an offer you give permission for Time Out to pass your details to any third party sponsor of the competition / offer so they may contact you in the event that you win the competition or qualify for the offer.
We may also collect additional information in connection with information you provide when giving us feedback or completing profile forms.
How we collect data
We collect data from information supplied by you. When you give timeout.com your email address in response to marketing emails, you are asked to let timeout.com know how it can be used. You may 'opt in' to receive regular email newsletters that contain information timeout.com believe to be of value to you, specifically events, special discounts and offers selected by the Time Out marketing department.
All marketing emails will contain a link to opt out of further communications from timeout.com . If you make a purchase via timeout.com the assumption may be made that you will be interested in similar products and you may receive emails with information about these products. All marketing emails will contain a link to opt out of further communications from timeout.com. For the avoidance of doubt you cannot opt out of service emails.
Timeout.com may also use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to timeout.com, and understanding how visitors use timeout.com. Cookies can also help customize timeout.com for visitors. Time Out uses cookies to track user usage on timeout.com. Time Out uses ad servers (such as DoubleClick) to serve advertisements on timeout.com. Ad servers use cookies to help target relevant ads to users. To find out more about the use of cookies and the information-gathering practices and opt-out procedures of AdLINK, please follow this link here.
Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. "Cookies" are small pieces of information sent by a web server to a web browser, which enables the server to collect information from the browser. You can find out more about the way cookies work on http://www.cookiecentral.com.
We may also use uses cookies for a number of other purposes, for instance to enable us to simplify the logging on process for registered users, to help ensure the security and authenticity of registered users, to provide the mechanisms for improving and monitoring visitor's experiences mapping and to enable traffic monitoring.
Non-registered visitors of the site are sent anonymous cookies to keep track of their browsing patterns and build up a demographic profile. In addition, any visitor who has clicked on a timeout.com advertisement on another site that links to timeout.com will be sent anonymous cookies that will allow us to analyse advertising effectiveness and manage our relationship with affiliate sites.
Whilst you do not need to allow your browser to accept cookies in order to browse much of our web site or to access many of our services, you must have cookies enabled if you wish to shop online at any of our stores or access any areas reserved for registered users. Most browsers allow you to turn off the cookie function. If you want to know how to do this please look at the help menu on your browser.
Timeout.com cookies cannot be used by themselves to identify you and you have the ability to accept or decline cookies by modifying the settings in your browser. However, some interactive features of timeout.com may not work if cookies are disabled. Cookies can be disabled in your browser by following the instructions found at: http://www.allaboutcookies.org/manage-cookies.
Why data is being collected?
We collect data for a number of reasons. It helps us tailor and personalise you experience with timeout.com and enables us to send you relevant information about products or services that may be of interest to you. We may use data to send you offers and news about Time Out Group products and services or those of other carefully selected companies which we think may be of interest to you. Your information may be passed to and used by all Time Out licensees and affiliates.
Time Out collects aggregate user information to sell sponsorships on timeout.com to advertisers and to monitor customer traffic patterns such as the number of users to timeout.com, the pages visited and the length of visit which enables us to improve the service we provide.
In addition, Time Out collects information from users who click on advertisements to measure interest and inform advertisers as to how many users have seen or clicked on their ads.
Time Out also uses demographic and preference information to allow advertising banners on timeout.com to be targeted, in the aggregate, to the users for whom they are most pertinent.
What we do with the information collected
The information you provide is used to fulfil your specific request unless you give us permission to use it in another manner, for example to add you to one of our mailing lists. We will use your contact details to communicate with you.
We use personal data for the purpose of providing you with the services you have requested and to personalise our service to you. We may use your information to send you offers and news about Time Out Group products and services or those of other carefully selected companies which we think may be of interest to you. Your information may be passed to and used by all Time Out licensees and affiliates.
From time to time we may enter into a commercial arrangement with another company that is not owned by us to provide additional features. Time Out may also, from time to time, use third party suppliers to provide part of our service to you. Any personal data that you provide when signing up on a co-branded page may be shared with our third party partner.
We may also use and disclose information in aggregate (so that no individual customers are identified) for marketing and strategic development purposes and aggregate cookie and tracking information may be shared with third parties.
In some circumstances outside service providers may be based in countries outside the European Economic Area whose laws provide for a different standard of protection for your personal data than that provided under UK Law.
Save as explained above and subject to the provisions below Time Out will not pass on your individual user details to third parties without asking for explicit permission.
Timeout.com cooperates with all law-enforcement inquiries and reserves the right to disclose personally identifying or aggregate information to detect and prevent fraud and in connection with a subpoena or other court-sanctioned demand for such information.
We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.
How do we keep data secure?
Timeout.com has security measures in place to protect against the loss, misuse and alteration of the information under timeout.com’s control. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All newsletters from this site allow you to opt out of further mailings. You can also opt out of further emails other than service emails which are an integral part of our service, such as purchase confirmations, invoice emails, and customer notices such as those relating to data management and similar purposes.
We use appropriate physical, electronic and managerial security measures to try to prevent that personal data from being accessed by unauthorised persons and to ensure that you may input personal data safely. This means that sometimes we may ask for proof of identity before we disclose personal data to you.
Only aggregate statistics about the number of users and their traffic patterns will be given to advertisers.
Individual user details will not be passed on without prior consent. If timeout.com ever requests that you volunteer additional information, such as financial data or age (in an online survey, for example) your response will always be voluntary and this data will only be used as an aggregate of data in conjunction with users of timeout.com as a whole.
Despite these efforts, timeout.com cannot guarantee that a hacker will not obtain access to communications between users and timeout.com.
Requests for Personal Information
To obtain a copy of the personal information Time Out holds about you and to contact Timeout.com regarding this policy by post please address your request to The Data Controller, Time Out London, 4th Floor, 125 Shaftesbury Avenue, London, WC2H 8AD enclosing your cheque or postal order for £10 payable to Time Out Digital Limited.
The Website - What you must not do
You must not:
(a) use the Website (or any part of it) for any illegal purpose and you shall use it in accordance with all relevant laws;
(b) upload or transmit through the Website (whether by way of User Submission or otherwise):
(i) 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
(ii) any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
(c) use the Website in a manner which
(i) 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
(ii) 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);
(d) 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;
(e) copy or distribute any part of the Website in any medium without our prior written consent; and
(f) 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:
(a) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
(b) any loss of goodwill or reputation; or
(c) loss of data or use of data; or
(d) 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 us or our licensors. 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.
January 2014