The Time Out Tastemaker Programme
1) Please read the following terms and conditions (the “Terms”) carefully, which form a binding agreement between you (“you” or the “User”) and Time Out England Limited (“we” or “Time Out”). These Terms are effective immediately for those who have agreed by way of ticking the appropriate box to be a Time Out Tastemaker.
2) Your acceptance of our offer to participate in the Time Out Tastemaker Programme in order to become a Tastemaker is conditional upon your acceptance of these Terms.
3) By becoming a Tastemaker and being part of the Time Out Tastemaker Programme, you agree to writing reviews on the Time Out website.
4) These Terms are an extension of, and must be read in conjunction with, Time Out’s standard terms and conditions (the “Standard Terms”) and when you agree to become a Tastemaker, you also agree to adhere to the Standard Terms, found at http://www.timeout.com/manchester/terms-conditions
5) If you do not agree to the Terms and the Standard Terms in their entirety, then you may not participate in the Time Out Tastemaker Programme.
6) “Site” means Time Out’s websites and mobile applications.
7) “Tastemaker” means a member of the public selected by Time Out to help write user review content on the Site.
8) “Time Out Event” means an event, gathering or meet-up that is organised and hosted by Time Out.
9) You may not appoint a substitute to produce the Reviews under these Terms.
10) You represent and warrant that:
a. You are the author and first owner of any and all intellectual property rights, including, but not limited to, the copyrights in the Review and have full right and title to grant to Time Out the rights hereby granted;
b. You are over the age of 18;
c. You have read, understood and agreed to be bound by the Time Out Terms of Service and Content Guidelines http://www.timeout.com/manchester/terms-conditions and agree to abide by these at all times whilst fulfilling the duties of a Tastemaker;
d. Your Review is a first-hand description of an experience that you had at a restaurant, event, bar, venue, shop, attraction or exhibition;
e. Your Review is based on your own experience and genuine opinion;
f. You have no personal or business relationship with what you are reviewing and have not been offered any incentive or payment to write the Review;
g. The materials included in the Review comply with all applicable laws and any other applicable laws, regulations, regulatory policies, guidelines or codes in each case from time to time in force, including all such guidelines and codes issued by statutory, regulatory and industry bodies;
h. The materials included in the Review do not infringe the intellectual property rights or proprietary rights of any third party;
i. The materials included in the Review are not defamatory, libellous, obscene or otherwise offensive and do not breach the privacy, confidentiality or other statute or common law rights of any third party; and
j. The materials included in the Review include information which is accurate at the time it is delivered to Time Out.
11) General guidelines that will give you an idea of what Time Out is looking for in its Reviews can be found at: http://taster.timeout.com/tastemaker-manchester-guide/#!/blog-guidelines-copy
12) Reviews must not contain any links to websites or social media pages with which you are affiliated.
13) Time Out has a zero tolerance policy with regard to fake Reviews and if a Review is deemed to be untrustworthy, Time Out wholly reserves its right to remove such a Review, without further notice to you.
14) Should you come to believe that any part of the Review might attract complaints and/or legal concerns, you shall contact Time Out for advice as soon as practicable and shall provide such assistance as Time Out requires.
15) Time Out accepts no liability whatsoever regarding the Review, including, but not limited to, any unauthorised use of the Review.
16) For the avoidance of doubt, Time Out reserves the right to remove a Review for any reason, in its sole discretion.
17) By agreeing to these Terms you consent to Time Out processing your personal data for legal, administrative and management purposes related to you providing Time Out with the Review and in order to comply with legal requirements and obligations to third parties. Time Out may make such information available to its affiliates, those who provide products or services to Time Out and its affiliates, partners and third parties’ service providers. You consent to the transfer of your personal data to Time Out and its affiliates outside the European Economic Area in connection with these Terms or if it is in your business interest.
Time Out Events
18) You may be required to participate in publicity whilst attending a Time Out Event, which may include having your photograph taken, or being filmed, for promotional and/or press purposes.
19) If you take any photographs or videos (the “Footage”) at a Time Out Event or use the social hashtag #TOTastemaker to share them, you are hereby authorising Time Out to use them. Copyright in all Footage submitted to Time Out remains with you, however you agree that by submitting the Footage to Time Out, you are granting Time Out a royalty free, perpetual, irrevocable, worldwide licence to use and republish the Footage. This may include displaying the Footage on the Site, sharing through social media and publication by Time Out worldwide in any of its publications, websites and/or in any promotional material. You agree that we may cut, edit or arrange the Footage where appropriate to appear in print or online.
20) If applicable, you are responsible for ensuring that you are physically able to take part in any Time Out Event and for ensuring that you are wearing the appropriate attire (including footwear) when taking part in a Time Out Event.
21) Time Out accepts no liability for any loss or damage or personal injury (with the exception of death or personal injury caused entirely by Time Out’s own negligence) suffered or sustained in connection with the Time Out Tastemaker Programme and/or any Time Out Events.
22) You have no authority (and shall not hold yourself out as having authority) to bind Time Out, unless we have specifically permitted this in writing.
23) Nothing in these Terms shall render you an employee, representative, worker, agent or partner of Time Out and you shall not hold yourself out as such. Nothing that you provide to Time Out or add to the Time Out Websie ill be in the course of the provision of 'professional services'.
24) You may terminate your participation in the Time Out Tastemaker Programme at any time by sending a request to firstname.lastname@example.org, with “Termination” in the subject line.
25) Time Out may on occasion release rewards, which could include (but which are not limited to) tickets to events, discount vouchers for restaurants and so on (the “Rewards”).
26) If offered by Time Out, the Rewards will be available for you to claim and will be distributed at random by ballot.
27) Time Out is under no obligation to offer Rewards and does not guarantee that you will be given one.
28) Time Out will set out the details of any Rewards that it may offer via email.
29) If Time Out decides, at its sole discretion, to award a Reward to the User that posts the highest number of Reviews, Time Out’s decision of which User gets the Reward shall be final. Should two or more Users post the same number of Reviews, one User will be selected at random by ballot and awarded the Reward.
30) Time Out reserves the right to deny you access to a Time Out Event or terminate your participation in the Time Out Tastemaker Programme if you fail to abide by these Terms or the Standard Terms or for any reason, without notice or incurring any liability whatsoever.
31) Time Out reserves the right to modify, update, or discontinue the Time Out Tastemaker Programme at its sole discretion, at any time, for any or no reason, and without notice or incurring any liability.
32) You indemnify Time Out against any loss (including legal fees) that Time Out may suffer resulting from the breach of any representation contained in these Terms.
33) Time Out reserves the right to amend these Terms and will use its reasonable endeavours to make these known to you.
34) You acknowledge that any discussions leading up to your agreement of these Terms have been in anticipation of entering into an agreement and have had no binding legal effect. You agree that the terms specified in these Terms comprise all the terms agreed between you and Time Out and you have not relied on any promise or representation other than contained herein.
35) Each party shall comply with all applicable law including, without limitation, the provisions of the Data Protection Act 1998.
36) Any failure on Time Out’s part to exercise or enforce any right or provision of these Terms does not constitute a waiver or such right or provision.
37) These Terms shall be construed and governed in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction over any disputes that arise as a result of these Terms.