1. Application Process
Time Out offers you the ability to apply to list your restaurant, bar, café, club or other such venue (the “Venue”), including a description of the Venue in 300 characters or less, through the Website (the “Application”). Upon receipt by Time Out of the User’s Application, this will be assessed by Time Out who, in its sole discretion, will decide whether or not the Application will be listed (the “Listing”) on the Website (the “Services”). If Time Out decides to reject the Application, it will inform the User within a reasonable amount of time after making its determination using the User’s email address provided.
2. Grant of Licence
These Terms provide you, the User, with a personal, revocable, non-exclusive, non-transferable licence to use this Website conditioned on your continued compliance with the Terms. Users may print and download materials and information on this Website solely for personal and non-commercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Except as otherwise expressly permitted herein, a User may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, scrape, mirror, frame, or otherwise use any information or material obtained from or through this Website. As a further condition of use of this Website, all Users warrant to Time Out that they will not use this Website for any purpose that is unlawful, prohibited by any applicable regulation or is otherwise inconsistent with these Terms.
3. Operation of the Services and the Website
The Services will be provided by Time Out to the User free of charge. Time Out reserves the right to reject an Application and is under no obligation to give the User a reason for doing so.
Time Out shall have the right at any time to change or discontinue any aspect or feature of the Website and the Services. Time Out will be entitled to remove the Venue listed on the Website, in its sole discretion.
You acknowledge that sometimes there are interruptions in internet service, or events that are beyond the control of Time Out, and Time Out shall not be responsible for any data lost while transmitting information on the internet. The Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Time Out, access to the Services and the Website may be interrupted, suspended or terminated from time to time.
4. Conduct of User
All interactions on the Website and through the use of the Services must comply with these Terms. The User shall not post or transmit through the Website or through the use of the Services any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Time Out's express prior written approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in Time Out's exclusive discretion restricts or inhibits any other user, merchant or purchaser from using or enjoying the Services and the Website is strictly prohibited. The User shall not use the Services and the Website to engage in any religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of the Website to become users of other similar sites or offline services directly or indirectly competitive or potentially competitive with Time Out.
5. User Data
You agree that you have the full authority to and will only provide accurate and complete information and you will keep that information up-to-date if it changes. You must never use another Website user’s account without obtaining their prior consent. You are solely responsible for any and all access to any websites by persons using your account, and so we suggest that you keep your account password secure. You must notify us immediately if you become aware of any unauthorised use of your account. Time Out reserves the right to take any actions it sees fit, including, but not limited to, removing the User from the Website, should the User make any misrepresentations in their Application and/or the Listing and/or if it is found that the User does not have the authority to make the Application.
6. Notices, Communications, and Electronic Signatures
You agree to accept all communications from Time Out regarding use of the Website at the addresses you provide to Time Out. Time Out is entitled to rely on the e-mail address and mailing address that you last provided to us. You agree to waive all claims resulting from failure to receive communications because of changes in your e-mail address or mailing address not communicated to Time Out. You agree to be bound by any statement or declaration you transmit through the Website. You agree that, when in the future you visit the Website, your agreement or consent to these Terms will be legally binding and enforceable and the legal equivalent of your handwritten signature.
7. Intellectual Property
The Services and the Website are the exclusive property of Time Out. Any copying, distributing, transmitting, posting, linking, deep linking or otherwise modifying the website without the express written permission of Time Out is strictly prohibited. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject User to being exposed to legal proceedings.
The Services and the Website contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Website are protected by copyright as a collective work under international copyright laws. Time Out may own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. The User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Time Out or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that he, she, or it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Website otherwise owned or operated in conjunction with Time Out shall not be deemed to be in the public domain but rather the exclusive property of Time Out, unless such site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Time Out unless otherwise stated.
The User shall not submit or otherwise make available on the Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Time Out does not have any express burden or responsibility to provide the User with indications, markings or anything else that may aid the User in determining whether the material in question is copyrighted or trademarked. The User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. If you choose to or are required to make available any material through utilising the Services or the Website, you warrant that the owner of such material has expressly granted Time Out the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. The User also permits any other user to access, view, store or reproduce the material for that that user's personal use. The User hereby grants Time Out the right to edit, copy, publish and distribute any material made available through the use of the Services or the Website by the User.
By posting communications on or through the Website, including the Application, the 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.
8. 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.
9. 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.
Time Out shall have the right, but not the obligation, to monitor the content of the Website and the Services at all times to determine compliance with these Terms and any operating rules established by Time Out, as well as to satisfy any applicable law, regulation or authorised government request. Without limiting the foregoing, Time Out shall have the right, but not the obligation, to, in its sole discretion, remove any material that appears on the Website.
The User agrees to defend, indemnify and hold harmless Time Out or their affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including legal fees, arising out of or related to: (i) your use of and access to the Website; (ii) any breach by you of these Terms; (iii) your violation of any third-party right, including, without limitation, any copyright, property or privacy right; and (iv) any claim that your content caused damage to a third party. This indemnification shall survive these Terms and your use of the Website.
The User is solely responsible for interactions with other users of the Website. To the extent permitted under applicable laws, the User hereby releases Time Out and their officers, directors, employees and agents from any and all claims or liability related to any conduct or speech, whether online or offline, of any other user.
13. Site Access and Termination
This Website is controlled and operated by Time Out from its offices within Hong Kong. Time Out makes no representation that materials in the Website are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Website are illegal is prohibited. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws. Time Out shall have the right to immediately terminate or suspend any passwords or accounts of a User in the event of any conduct by that User at any time and for any reason or no reason at all.
14. Third-Party Content
Time Out contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Time Out of the contents on such third-party sites, and Time Out hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. Under no circumstances will Time Out will be liable for any loss or damage caused by your reliance on information obtained through this Service. Unless you have executed a written agreement with Time Out expressly permitting you to do so, you may not provide a hyperlink to the Website from any other website. Time Out reserves the right to revoke its consent to any link at any time in its sole discretion.
You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Services and the Website.
16. Governing Law
These Terms shall be governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the English courts.
These Terms and any operating rules for Time Out established by Time Out, constitute the entire agreement between the User and Time Out with respect to the subject matter hereof. No waiver by Time Out of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of these Terms is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in these Terms, and the remaining portions of these Terms shall continue in full force and effect. The failure of either party to exercise any of its rights under these Terms shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder. The right to use the Services and the Website is personal to the User and is not transferable to any other person or entity.
18. Modification of Terms
Time Out reserves the right at all times to modify any of the Terms as it deems necessary or desirable and any such modifications become effective immediately upon being posted to the Website. It is your sole responsibility to check the Website from time to time to view any such changes to the Terms. If you do not agree to any changes, if and when such changes may be made to the Terms, you must cease use of the Website and the Services. Your use of the Website after any modifications to the Terms indicates that you agree to such modified Terms.
Failure to insist on strict performance of any of these Terms will not operate as a waiver of any subsequent default or failure of performance. No waiver by Time Out of any right under these Terms will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
No joint venture, partnership, employment, or agency relationship exists between a User and Time Out as a result of this Agreement or the User’s use of this Website.
21. Entire Agreement
The obligations of these Terms that contemplate performance or observance subsequent to termination or expiration of these Terms shall survive expiration or termination of these Terms.