1.1. The website domain more.timeout.com ("the Website") is owned by Time Out England Limited ("Time Out") a company registered in England and Wales with registration number 01782049. The Website including content that appears on the Website is operated and administered by TLC Marketing UK Ltd ("TLC"), a company incorporated and registered in England and Wales with company number 06821393.
Time Out's registered office and postal address is 77 Wicklow Street, London, WC1X 9JY.
TLC's registered office and postal address is 19 Harcourt Street, London, W1H 4HF.
1.3. All information on this Website has been prepared and uploaded by TLC
2. IMPORTANT INTRODUCTION
2.1. These are the Website terms and conditions of use ("Terms"), which apply to your use of the Website. By accessing the Website you agree to be bound by these Terms.
2.2. If you do not wish to be bound by the Terms you should not access or use the Website.
3. USER ACCOUNTS
3.2 At the point of activating your membership you will be required to create an account, supplying the following personal information: first name, last name, email address and postcode.
3.2.1. The cardholder's first and last name will be displayed alongside the digital card and membership details within the 'My account' section of the website (more.timeout.com/myaccount). The cardholder's name will also appear alongside the offer details which are generated when a member redeems an offer at a Time Out More partner venue. Time Out More partner venues are within their right to ask for proof of identification at the point of redemption to prevent misuse of the card.
3.2.2. Your email address will be your online username, required to log in to the Time Out More site. Email details will also be used to send you account-specific information, e.g., to reset your password, and, if you have opted in to receive marketing communications from Time Out and/or Time Out More, the email address supplied for account activation will be the one added to the relevant marketing database(s). You may opt out of marketing comms at any time.
3.2.3. Your postcode will be used to ensure you are kept up-to-date with details of partners and offers local to you and for no other purposes.
4. USING THE WEBSITE
4.1. Wherever you are asked to provide information in connection with the Website, you agree to provide true, accurate, current and complete details. You are not obliged to provide any optional information requested.
4.2. You agree not to:
4.2.1. impersonate another person or use a false name or a name you are unauthorised to use, or create a false identity or origin or e-mail address or try to mislead us or others as to identity or origin of any communications or to provide inaccurate or unreliable contact details;
4.2.2. modify, access or make available data stored on a computer or device which you have accessed through our network, when either: (i) the owner of the data, computer or device has taken steps to prevent you from doing this; or (ii) the owner has expressed a wish that you do not do this;
4.2.3. make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (e.g. names/addresses) without their prior consent;
4.2.4. Damage, interfere with or disrupt access to the Website or do anything which might impair its functionality;
4.2.5. Use the Website in any way to send unsolicited (commercial or otherwise) e-mails or any material for marketing or publicity purposes, or any similar abuse of either;
4.2.6. Publish, post, distribute, disseminate or otherwise transmit, defamatory offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
4.2.7. make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, trojan horses, worms, or any other harmful software;
4.2.8. falsify the true ownership of software or other material or information contained in a file made available via the Website; and/or
4.2.9. Obtain or attempt to obtain unauthorised access, through whatever means, to the Website.
6. WHAT TLC WILL DO
6.1. TLC will use 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.
6.2. TLC will use reasonable endeavours to verify the accuracy of any information that they make available either directly or through any website partners wherever practical however they 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.
7. WHAT TLC AND TIME OUT CAN DO
TLC and Time Out can at any time:
7.1.1. Modify or withdraw, temporarily or permanently, the Website (or any part of it) with or without notice to you and they shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
7.1.2. Change these Terms. 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
7.1.3. Monitor any activity and content associated with the Website. TLC may investigate any reported violation of these Terms or complaints relating to the Website and take any action that they 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).
8. WEBSITE PARTNERS
8.1. The Website is controlled and offered by TLC from England.
8.3. Third party links (including advertisements) do not imply that TLC endorse, are affiliated or associated with any linked website, or are legally authorised to use any intellectual property accessible through such links.
9. FINANCIAL TRANSACTIONS
9.1. You may be re-directed from this Website to www.timeout.com to purchase Time Out More. 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 More Terms and Conditions: more.timeout.com/home/terms.
9.2. Time Out cannot be held responsible for any transaction that you enter into with any entity other than Time Out.
10. LIMITATION OF LIABILITY
10.1. You agree that you use the Website entirely at your own risk.
10.2. 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, Time Out and TLC 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.
10.3. Unless specified in separate terms and conditions related to a particular product or service, Time Out and TLC 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.
10.4. Time Out shall not be liable for any damages whatsoever, including but without limitation to, damages for loss of use, data or profits, arising out of the use or performance of the Website, the provision of or failure to provide services, or for any information obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, or otherwise, without limitation, even if Time Out has been advised of the possibility of damage.
10.5. If you are dissatisfied with any portion of the Website, or with any of the Terms, your sole remedy, except as specifically provided in these Terms, is to stop using the Website.
10.6. Notwithstanding anything in the Terms Time Out does not disclaim liability for death or injury caused by its own negligence.
10.7. Time Out reserves the right to remove any information or material on the Website without warning, and without prejudice to any other accrued rights, and/or make available such information or material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations.
11.1. You undertake to Time Out and TLC that you will not use the Website for any purpose or in any way that is prohibited by these Terms or is otherwise unlawful.
11.2. You agree to indemnify Time Out, its officers, employees, and licensors in respect of any loss that it or they may suffer as a result, directly or indirectly, of any breach by you of this undertaking.
12. INTELLECTUAL PROPERTY RIGHTS
12.1. The Website, and all the information and graphic representations or images on it ("Content") are owned by, or licensed to, Time Out and/or TLC.
12.2. You may view the Website on your computer screen and print its contents on your printer for your personal and non-commercial use only. For the avoidance of doubt, anything printed will form part of the Content.
12.3. Without our written consent, you may not use, transfer, copy or reproduce any part of the Content, the Website or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing its content. This includes electronic reproduction by uploading or downloading.
12.4. You warrant that it is legal for you to view this Website in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using the Content.
13. VIRUS PROTECTION AND COMPATIBILITY
13.1. While certain precautions have been taken to detect computer viruses and ensure security, Time Out cannot guarantee that the Website is virus-free and secure.
13.2. Time Out shall not be liable for any loss or damage which occurs as a result of any virus or breach of security. Time Out does not give any warranties as to the compatibility of the Website with your computer systems, software and/or hardware.
Time Out and/or TLC may restrict your access to the Website, refuse to correspond with you, and/or remove your details from the relevant database without prejudice to any other accrued rights, without prior notice to you where:
14.1.1. There is a regulatory or statutory change limiting the ability to provide access to the Website;
14.1.2. There is any event beyond the reasonable control of Time Out or TLC preventing Time Out from providing access to the Website (for example, and without limitation, technical difficulties, capacity problems and communications failures); or
14.1.3. Time Out considers in its sole discretion that you are abusing the Website or are otherwise acting in breach of these Terms.
15.1. Unless otherwise specified, the Website is directed solely at those who access this Website from the United Kingdom. Those who choose to access the Website from locations outside of the UK are responsible for compliance with local laws if and to the extent local laws are applicable, in accordance with clause 12.4.
15.2. A failure or delay by Time Out in enforcing compliance with these Terms shall not be a waiver of that or any other provision of these Terms.
15.3. None of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.
15.4. If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
15.5. These Terms constitute the entire agreement between you and Time Out as to your use of the Website and shall supersede any prior agreement or representation in respect thereof.
15.6. The express provisions of these Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
15.7. Any and all notices to be given by either one of us to the other pursuant to or in connection with these Terms shall be deemed sufficiently given when forwarded by e-mail or facsimile transmission in each case addressed to you at the e-mail address or facsimile number you have given us or to us at the e-mail address or facsimile number displayed on the Website.
15.8. English law governs these Terms. You submit to the exclusive jurisdiction of the English courts.