OutGuider terms and conditions

    Introduction

  1. The OutGuider website (the “Website”) is provided to assist users in gathering information, posting general reviews on establishments, posting opinions on gay-friendliness of establishments and engaging in interactive forums.
  2. The use of the Website is offered to you on the condition that you accept all of the terms and conditions set out below, as may be amended by us from time to time (the “Terms”). By accessing or using the Website in any manner, you agree to be bound by the Terms. Please read the Terms carefully. If you do not accept all of the Terms, you are not authorised to use the Website. You should return to this page periodically to review the most current version of the Terms. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Terms in accordance and your continued access or use of the Website signifies your acceptance of the updated or modified Terms.
  3. The terms “we”, “us”, “our” and “OutGuider” refer to the owners of the Website. The term “you” and “your” refers to the user visiting the Website and/or contributing content on the Website.

    4. Use of the Website

  4. As a condition of your use of the Website, you warrant that:
    1. all information supplied by you on the Website is true, accurate, current and complete;
    2. if you have a OutGuider account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you;
    3. you are 18 years of age or older; and
    4. have the legal authority to agree to the Terms and to use the Website in accordance with the Terms.
  5. OutGuider does not knowingly collect the information of anyone under the age of 18.
  6. We retain the right at our sole discretion to deny access to anyone to the Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of the Terms.
  7. Copying, transmission, reproduction, republication, posting or redistribution of any reviews, questions, comments, suggestions, ideas, text, photographs, messages, data, information, music, sound, graphics, video, maps, icons, software, code or other material or any other content on the Website (the “Content”) is strictly prohibited without the prior written permission of OutGuider. To request permission, you may contact OutGuider as follows:
    admin@outguider.com
  8. Users of the Website will not incur any charges for using the Website in accordance with these Terms. However, the Website may contains links to third party websites which are operated and owned by independent service providers or retailers. Such third parties may charge a fee for use of certain content or services provided on their website. You should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where OutGuider provides details of charges on the Website, such information is provided for convenience and information purposes only. OutGuider in no way guarantees that this information is correct nor is it in anyway responsible for content or services provided on such third party websites.
  9. This Website may contain hyperlinks to websites operated by parties other than OutGuider. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites.
  10. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on OutGuider to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.

    11. Reviews, comments and use of other interactive areas

  11. By submitting Content to the Website whether submitted by electronic mail, posting on the Website, including in any discussion forums, bulletin boards, review services or other forums or otherwise (making a “Submission”), you grant OutGuider and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to:
    1. use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submission throughout the world in any media, now known or in the future devised; and
    2. use the name that you submit in connection with such Submission. You acknowledge that OutGuider may or may not choose to provide attribution of your comments or reviews at our discretion. You further grant OutGuider the right to pursue at law any person or entity that violates your or OutGuider’s rights in the Submission. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
  12. OutGuider will not be in any way responsible or liable for anything contained in any such Submissions. OutGuider nevertheless reserves the right for any reason in its sole discretion to remove or edit without notice any Submissions or any other Content.
  13. You expressly agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Website any Submission:
    1. that is false, unlawful, misleading, defamatory, obscene, pornographic, indecent, suggestive, harassing or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
    2. that is patently offensive to the online community, such as content that promotes homophobia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
    3. that would constitute, encourage, promote or provide instructions for a conduct of an illegal activity, criminal offense, give rise to civil liability, violate the rights of any party in any country in the world, or that would otherwise create liability or violate any local, national or international law, including, without limitation, the regulations of any securities exchange or any other regulatory body;
    4. that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    5. that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, Content that promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    6. that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including OutGuider;
    7. that constitutes unsolicited promotions, mass mailings or “spamming”, transmission of "junk mail", "chain letters," political campaigning, advertising, contests, raffles, or solicitations;
    8. that contains commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
    9. that constitutes private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses and credit card numbers;
    10. that contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
    11. that contains viruses, corrupted data or other harmful, disruptive or destructive files;
    12. or links to any content that, in the sole opinion of OutGuider, (a) violates any of the Terms; (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Website, or (d) which may expose OutGuider or its affiliates or its users to any harm or liability of any type.
  14. OutGuider takes no responsibility and assumes no liability for any Submission posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is OutGuider liable for any mistakes, defamation, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, OutGuider is not liable for any statements, representations or Submission provided by its users in any public forum, personal home page or other area of the Website. Although OutGuider has no obligation to screen, edit or monitor any Submission posted to or distributed through the Website, OutGuider reserves the right, and has absolute discretion, to remove, screen or edit without notice any Submission posted or stored on the Website at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Submission you post or store on the Website at your sole cost and expense.
  15. If it is determined that you retain moral rights (including rights of attribution or integrity) in any Submission, you hereby declare that:
    1. you do not require that any personally identifying information be used in connection with the Submission, or any derivative works of or upgrades or updates thereto;
    2. you have no objection to the publication, use, modification, deletion and exploitation of the Submission by OutGuider or its licensees, successors and assigns;
    3. you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any Submission; and
    4. you forever release OutGuider, and its licensees, successors and assigns, from any claims that you could otherwise assert against OutGuider by virtue of any such moral rights.
  16. Any use of the Website in violation of the Terms may result in, among other things, termination or suspension of your rights to use the Website. In order to co-operate with legitimate governmental requests or court orders, to protect OutGuider's systems and customers, or to ensure the integrity and operation of OutGuider's business and systems, OutGuider may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Submissions. OutGuider's right to disclose any such information shall take precedence over any terms of OutGuider's Privacy Policy.

    17. Travel destinations

  17. By listing Content or Submissions relevant to travel to particular international destinations, OutGuider does not represent or warrant that travel to such points is advisable or without risk, and is not liable for damages or losses that may result from travel to such destinations.
  18. Content and Submissions concerning whether accommodation or a destination is gay-friendly is subjective. OutGuider does not represent or warrant that any establishment is gay-friendly or that the staff or owners of any accommodation will be gay-friendly.

    19. Truthfulness of reviews

  19. Reviews must be based on the your experience, not second-hand information or hearsay (unverified information, rumors or quotations from other sources or the reported opinions/experience of others).
  20. OutGuider wishes to ensure that reviewers are not affiliated in any way with the establishment they are reviewing. When reviewing an establishment you certify that you are not employed by the establishment, are not related to anyone employed there, and do not otherwise have a business or personal relationship with the owners or managers of this establishment that might bias your review.
  21. If you do have any relationship with any establishment referred to on the Website and you consider any Content or Submission with respect to that establishment to be incorrect or objectionable, please contact OutGuider on: admin@outguider.com
  22. The reviews posted on OutGuider are individual and subjective opinions. The opinions expressed in reviews are those of OutGuider users and not of OutGuider. We do not endorse any of the opinions expressed by users.
  23. OutGuider has the right to remove any review or other Content at any time for any reason.

    24. Prohibited activities

  24. The Content, as well as the infrastructure used to provide the Content, is our property. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Website. Additionally, you agree not to:
    1. use the Website or its contents for any commercial purpose;
    2. access, monitor or copy any Content using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
    3. violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website;
    4. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
    5. deep-link to any portion of the Website for any purpose without our express written permission;
    6. "frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorization; or
    7. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by OutGuider in connection with the Website or the services.

    25. Photographs

  25. No photograph may be submitted to the Website if:
    1. it is vulgar, pornographic, obscene, profane, illegal, offensive, insulting or objectionable;
    2. it is from other sources or material published elsewhere;
    3. it infringes on any copyright, trademark or other legal property right;
    4. it contains logos, titles, branding, promotional material or any other content intended for commercial purposes;
    5. it is contaminated or infected with a virus or any other corruption that is either intended or may result in damage to the computers and systems of OutGuider and/or its users;
    6. it exceeds 2Mb in size;
    7. it is not in a standard image format (.gif, .jpg, .bmp or .png format).
  26. OutGuider claims no ownership, affiliation with, or endorsement of any photographs that are posted on our site. The truthfulness of all photographs and captions is assumed by the user and their validity is not the responsibility of OutGuider. By uploading photographs, you are granting OutGuider the non-exclusive rights to use, copy and display those photographs at our discretion.
  27. Any photograph that is submitted in breach of any of the Terms will not be posted on the Website.

    28. Privacy policy

  28. Any personal information you post on the Website will be used in accordance with our Privacy Policy. Click here to view our Privacy Policy.

    29. Disclaimer

  29. The Content and or Submissions published on the Website may include inaccuracies or errors. OutGuider and its affiliates do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the accommodation or other travel information displayed on the Website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, gay-friendliness etc.).
  30. OutGuider makes no representations of any kind about the suitability of the Content or Submissions contained on the Website for any purpose, and the inclusion or offering of any products or services on the Website does not constitute any endorsement or recommendation of such products or services by OutGuider. All such Content is provided "as is" without warranty of any kind. OutGuider does not represent or warrant that the Website, its servers or any email sent from or associated with OutGuider, are free of viruses or other harmful components. To the maximum extent permitted under applicable law OutGuider hereby excludes all liability with regard to the Content or Submissions including all implied warranties and conditions of sale, fitness for a particular purpose and title.
  31. OutGuider expressly makes no warranty or representation as to the accuracy or proprietary character of the Content.
  32. Nothing in the Terms shall exclude or limit OutGuider's liability for:
    1. death or personal injury caused by (a) negligence; (b) fraud; or (c) wilful default or gross negligence (d) any other liability which cannot be excluded under applicable law.
  33. You use the Website at your own risk and in no event shall OutGuider or its affiliates be liable for any direct, indirect, punitive, incidental, special, or consequential losses or damages or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type arising out of, or in any way connected with, your access to, display of or use of the Website or with the delay or inability to access, display or use the Website (including, but not limited to, your reliance upon opinions appearing on the Website; any computer viruses, information, software, linked sites, products, and services obtained through the Website; or otherwise arising out of the access to, display of or use of the Website) whether based on negligence, contract, tort, strict liability, or otherwise, and even if OutGuider has been advised of the possibility of such damages.
  34. These terms and conditions and foregoing liability disclaimer, do not affect mandatory legal rights that cannot be excluded under applicable law.
  35. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of OutGuider.

    36. Indemnification

  36. You agree to defend and indemnify OutGuider and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
    1. your breach of the Terms or the documents referenced herein;
    2. your violation of any law or the rights of a third party; or
    3. your use of the Website.

    37. Software available on the Website

  37. OutGuider makes no representation that Content on the Website is appropriate or available for use outside of the United Kingdom. Those who choose to access the Website from outside of the United Kingdom do so on their own initiative and at their own risk and are responsible for compliance with local laws, if and to the extent that local laws are applicable.

    38. Intellectual property

  38. All Content of the Website is owned and ©2010 OutGuider. All rights reserved.
  39. OutGuider is not responsible for content on websites operated by parties other than OutGuider.
  40. OutGuider, OutGuider’s logo and all other product or service names or slogans displayed on the Website are registered and/or common law trademarks of OutGuider and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of OutGuider or the applicable trademark holder.
  41. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of OutGuider and may not be copied, imitated or used, in whole or in part, without the prior written permission of OutGuider. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by OutGuider.
  42. Other logos and product and company names mentioned referred to on the Website may be the trademarks of their respective owners.

    43. Objectionable Content

  43. If you have any complaints concerning or objections to any Content on the Website, or if you believe that any Content infringes any intellectual property right that you hold, please contact us immediately on: admin@outguider.com. We will use reasonable endeavours to remove Content which is illegal or breaches these Terms within a reasonable time.

    44. Amendments

  44. OutGuider may change, add or delete these Terms or any part thereof from time to time in its sole discretion. Thereafter, you expressly agree to be bound by any such amended Terms.
  45. OutGuider may change, suspend or discontinue any aspect of the Website service at any time, including availability of any feature, database or content. OutGuider may also impose limits on certain features and services or restrict your access to all or parts of the Website without notice or liability for any reason.
  46. Your continued use of OutGuider now, or following the posting of any such notice of any changes will indicate acceptance by you of such modifications.

    47. Miscellaneous

  47. The Terms are governed by the laws of England and you hereby consent to the exclusive jurisdiction of the courts of England relating to any claims against OutGuider with respect to the use of the Website.
  48. Use of this Website is not permitted in any jurisdiction that does not give effect to all provisions of these Terms.
  49. You agree that no joint venture, agency, partnership, or employment relationship exists between you and OutGuider or its affiliates as a result of the Terms or use of the Website.
  50. If any part of the Terms is determined to be invalid or unenforceable pursuant to any applicable law including, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.
  51. The Terms constitute the entire agreement between you and OutGuider with respect to the Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and OutGuider with respect to the Website.
  52. Any rights not expressly granted herein are reserved.