OutUK - Site Terms And Conditions Of Use. OutUK - The UK Gay Mens Guide : News Chat Contacts Galleries Advice Info Listings Men

Thank you for accessing http://www.outuk.com (the "Website"). Please read these Terms and conditions (the "Terms") before using the Website which is operated by Out Europe BV ("OutEurope") company reference 34210422 at Amsterdam, and operated from offices based in Lijnden, The Netherlands. By using the Website, you signify your acceptance of the Terms in consideration of which OutEurope provide you with access. From time to time OutEurope may modify the Terms. Accordingly, please continue to review the Terms whenever accessing or using the Website. If at any time you do not wish to accept the Terms, you may not use the Website. From time to time OutEurope may run competitions and promotions via the Website. Separate Terms and conditions will be posted where applicable governing such competitions and promotions.

NO RELIANCE

While OutEurope has endeavoured to ensure the accuracy of the information accessed via the Website, OutEurope does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Website.

INTELLECTUAL PROPERTY

The Website, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, trademarks, service marks and other material ("Content") is protected by copyrights, trade marks and/or other proprietary rights. The Content includes both content owned or controlled by OutEurope and content owned or controlled by third parties and licensed to OutEurope. All individual articles, reports, and other elements making up the Website may be copyright works. You agree to abide by all additional copyright notices or restrictions contained in the Website. You may not use any of OutEurope’s trademarks, trade names or trade dress whether registered or un-registered without OutEurope’s consent and you acknowledge that you have no ownership rights in and to any of those names and marks. You agree to notify OutEurope in writing promptly upon becoming aware of any unauthorised access to or use of the Website by any party or of any claim that the Website or any of the contents of the Website infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.

LICENCE AND DOWNLOAD RIGHTS

You acquire no rights or licences in or to the Website and/or the Content other than the limited right to use the Website in accordance with these Terms and to download on the Terms set out in this section. OutEurope may restrict access to areas of the Website for users under a certain age and we may require a statement of age or further proof of age to allow access to such areas. It is an infringement of these Terms and conditions to access areas of the site by making a false statement, or to facilitate access to these areas for users who would otherwise be prevented from doing so. Access may be withdrawn by OutEurope at any time and the company at its discretion may refund advance payment for such access provided no infringement of these Terms has been attempted. Other than as set out in this section you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the Website. Download is permitted by OutEurope provided only that:

(i) you make no more than one copy of such download and/or printed copy and no further copies of such material are made;

(ii) you make only personal, non-commercial use of such download and/or printed copy; and

(iii) you retain on such download and/or printed copy all copyright notices and shall remain bound by the Terms of such wording and notices.

Additionally, you may not offer for sale or sell or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the Content or any part thereof. You may not make any part of the Website available as part of another Website, whether by hyperlink framing on the internet or otherwise. The Website and the information contained therein may not be used to construct a database of any kind, nor may the Website be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database Websites containing all or part of the Website.

PERMISSIONS

If you would like information about obtaining OutEurope’s permission to use any of the Content or if you would like to link your Website to the Website in any way other than from time-to-time may be displayed on the Website, please e-mail support@outuk.com

NO WARRANTY

The Website and the Content are provided "as is" excluding any warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law including (but not limited to) the exclusion of warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights. OutEurope further accepts no responsibility or liability for functions contained on the Website and makes no warranties that the Website will operate uninterrupted or error-free or that defects will be corrected. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you. OutEurope does not warrant that the Website is compatible with your computer equipment or that the Website or its server is free of errors or viruses, worms or "Trojan horses" and OutEurope is not liable for any damage you may suffer as a result of such destructive features. OutEurope shall not be held responsible for Content provided by third parties. OutEurope is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Website. These Terms do not affect your statutory rights or your legal rights as a consumer.

COMMUNITIES

The Website, amongst other things, contains certain discussion forums, bulletin board services, chat areas, communities and/or other message or communication facilities (collectively, "Communities"). Much of the content of the Communities, including without limitation the descriptions for many Communities and the content within a specific message or posting, is provided by and is the responsibility of the third party creator of the Community or the person posting in that Community. OutEurope has no responsibility for such content and is merely providing access to such content as a service to you. By their very nature, communities may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabelled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using communities.

(i) Permitted Uses
You agree that you are responsible for your own communications and for any consequences thereof. You agree to use the Communities only to send and receive messages and material that are legal, proper and related to the particular Community. By way of example, and not as a limitation, you agree that when using a Community, you will not: (a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including rights of privacy and publicity) of others; (b) publish, post, upload, distribute or disseminate or offer to do the same (hereinafter "Post") any inappropriate, defamatory, infringing, obscene, or unlawful material or information, racist, sexist or homophobic material or views; (c) Post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to post or transmit such material; (d) Post any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; (e) advertise or offer to sell any goods or services for any commercial purpose unless you have OutEurope’s specific written permission; (f) conduct or forward surveys, contests, pyramid schemes or chain letters, other than in Communities intended for such uses; (g) download any file posted by another user of a forum that you know, or reasonably should know, cannot be legally distributed in such manner; (h) impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the original or source of software or other material contained in a file that is Posted; or (i) restrict or inhibit any other user from using and enjoying the Website.

(ii) No obligation to Monitor
OutEurope does not control the information delivered to the Communities, and OutEurope has no obligation to monitor the Communities. However, OutEurope reserves the right at all times to disclose any information necessary to satisfy any applicable law, regulation, legal process, police request or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in OutEurope’s sole discretion.

(iii) No Endorsement
OutEurope does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications Posted in the Communities or endorse any opinions expressed in the Communities. You acknowledge that any reliance on material Posted in the Communities will be at your own risk.

(iv) Company’s Rights
OutEurope may in its sole discretion remove,edit or request the removal of any communication on the Website but OutEurope shall have no liability or responsibility for removal or request for removal. OutEurope reserves the right to terminate or restrict your access to the Website at any time without notice for any reason whatsoever. You acknowledge that some Communities available through the Website are available only through the Website and others are available both through the Website and other sources, over which OutEurope has absolutely no control.

(v) Privacy
You acknowledge that all Communities are public and not private communications, and that therefore others may read your communications without your knowledge. Always use caution when giving out any personally identifying information about yourself or your children in any Community. OutEurope does not control or endorse the content, messages or information found in any Community and, therefore, OutEurope specifically disclaims any liability with regard to the Communities and any actions resulting from your participation in any Community. Generally, any communication which you Post to the Website (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by OutEurope as confidential, that fact will be stated on these pages.

(vi) License Grant
By Posting communications on or through the Website, you automatically grant OutEurope a royalty-free, perpetual, irrevocable, non-exclusive license to use, copy, 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, and to sub-license such rights through multiple tiers of sub-licensees. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

PAID FOR SERVICES & SUBSCRIPTIONS

(i) OutEurope may offer goods, services or subscriptions which require a payment to be made. We may use independent payment processors to facilitate these payments and users should satisfy themselves that they agree with the terms and conditions of these independent payment processors.

(ii) Users may be required to submit information that is true, accurate, current, and complete. By accepting these Terms and Conditions, you represent and warrant that all such information submitted by you is true, accurate, current, and complete.

(iii) Users may not purchase goods or services that they are prohibited from purchasing or possessing by any law applicable to them in their jurisdictions. The responsibility for ensuring compliance with all applicable laws shall be the User’s alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase and possess such goods or services.

COPYRIGHT INFRINGEMENT AND COPYRIGHT AGENT

OutEurope may, in appropriate circumstances and at its discretion, remove, or disable access to, material on the Website that infringes on the rights of others. If you believe that your work has been used on the Website in a manner that constitutes copyright infringement, please provide OutEurope’s Copyright Officer with a written notice (e-mail is sufficient) that includes the following information: (a) an electronic or physical signature of a person authorised to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) a description of where the material that you claim is infringing is located on the Website; (d) your name, address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and (f) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf. OutEurope’s Copyright Officer for notice of claims of copyright infringement on the Web Site can be reached as follows:

Email: support@outuk.com

LIMITATION OF LIABILITY

You acknowledge that your use of the Website, including the Contents and the Communities, is at your own risk. If you are dissatisfied with the Website, the Terms or any or the Content your sole remedy is to discontinue use of the Website. Save in respect of fraud and of personal injury or death to the extent it results from OutEurope’s negligence, in no event will OutEurope be liable to you or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits, or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise, even if OutEurope has been advised of the possibility thereof. Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to you. You understand that OutEurope may choose at any time to inhibit or prohibit its content from being accessed under these Terms.

LOCAL LAWS AND REGULATIONS

The Website is not directed at any person in any jurisdiction where for any reason the publication or availability of the Website is prohibited. Those in respect of whom such prohibitions apply must not access the Website. OutEurope does not represent that either the Website or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless each of OutEurope, its employees, representatives and agents, from and against any claims, actions, demands or other proceedings brought against any of OutEurope, its employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against OutEurope, its employees, representatives, suppliers, or agents is based on or arises in connection with:

(i) your use of the Website;
(ii) any breach by you of the Terms;
(iii) a claim that any use of the Website by you :
(a) infringes any intellectual property rights of any third party, or any right of personality or publicity, or
(b) is libellous or defamatory, or otherwise results in injury or damage to any third party;
(iv) any deletions, additions, insertions, or alterations to, or any unauthorised use of, the Website by you; or
(v) any misrepresentation or breach of representation or warranty made by you contained herein.
References in this section of the Terms to your use of the Website shall be deemed to include any use by a third party where such a third party accesses the Website using your computer. You agree to pay OutEurope, its employees, representatives, and agents any and all costs, damages, and expenses (including reasonable legal fees) awarded against any of them or otherwise incurred by any of them in connection with or arising from any such third party claim, suit, action or proceeding attributable to any such third party claim.

TERMINATION

Either you or OutEurope may terminate these Terms with or without cause at any time. If OutEurope terminates these Terms, OutEurope will email you at the address you provide if you have registered for an All Access Password on registration, and you will be deemed to have received it within one hour of transmission. Termination will be effective at that time. You will be responsible for notifying us of any changes to your email address. You may terminate by sending an email to members@outuk.com. On termination you shall destroy all Content, and copies thereof, obtained from the Website.

DATA PROTECTION/PRIVACY

You consent to use by OutEurope of the information you provide about yourself for the administration and promotion of the Website and for marketing purposes. This may include disclosure by OutEurope of such information to third parties running competitions and promotions via the Website but only if you consent to give information necessary to take part in such competition or promotion.

CHANGES TO THE WEBSITE

You accept that OutEurope has the right to change the content or technical specifications of any aspect of the Website at any time at OutEurope’s sole discretion. You further accept that such changes may result in your being unable to access the Website.

VALIDITY OF PROVISIONS AND REMEDIES

Each provision of these Terms is severable and if any provision is or becomes invalid or contravenes applicable regulations the remaining provisions will not be affected.

REPRESENTATIONS

You acknowledge that in accepting these Terms you have not relied upon, and that none of OutEurope, or any of its employees, officers or agents has made, any statements, representations, promises or undertakings whatsoever that are not expressly contained in these Terms.

REMEDIES

OutEurope’s right and remedies under these Terms are cumulative and are not exclusive of any rights or remedies provided by law or by any other agreement.

WAIVER

No waiver by OutEurope of any breach of any obligation arising under these Terms shall constitute a waiver of any other breach and no failure to exercise or partial exercise by OutEurope of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.

LINKS TO THE WEBSITE

Websites or pages to which the Website is linked are for information only and may not been reviewed by OutEurope. OutEurope has no responsibility for the content of the Websites or pages linked or linking to this Website, and OutEurope accepts no responsibility or liability for any losses or penalties whatsoever that may be incurred as a result of any linking to any location on any linked Websites.

FORCE MAJEURE

In the event of any failure, interruption or delay in performance of OutEurope’s obligations resulting from acts, events or circumstances not reasonably within OutEurope’s control, including industrial disputes, acts or regulations of any governmental or supranational bodies or authorities or the breakdown, failure or malfunction of any telecommunications or computer service, OutEurope shall not be liable or have any responsibility of any kind for loss or damage thereby incurred or suffered by you.

GOVERNING LAW AND JURISDICTION

The Terms are governed by the laws of The Netherlands where the website is published. You irrevocably agree that the courts of The Netherlands are to have: (i) exclusive jurisdiction in relation to any claim that you may bring against OutEurope arising out of a dispute under these Terms; and (ii) non-exclusive jurisdiction in relation to any claim that OutEurope may bring against you under these Terms and that accordingly any proceedings arising out of these Terms may be brought in such courts. You irrevocably submit to the jurisdiction of such courts and waive any objection to proceedings in any such court on the ground of venue or on the ground that the proceedings have been brought in an inconvenient forum. To the extent that you may be entitled to any jurisdiction to claim for yourself, or for your property or assets, immunity in respect of your obligations under these Terms from Website of process, jurisdiction, suit, judgment, execution, attachment (whether before judgment, in aid of execution of otherwise) or legal process or to the extent that in any such jurisdiction there may be attributed to you or to your property or assets such immunity (whether or not claimed), you hereby waive such immunity to the fullest extent permitted by the laws of such jurisdiction.

TRADEMARK NOTICE

OutEurope, Out Europe BV are trademarks of Out Europe BV. The registered trademarks OutUK and the OutUK logo are used under license from Out Europe Ltd. All other product names and marks on the Website and on our services, whether trademarks, service marks, or other type, and whether registered or unregistered, are the property of their respective owners.

OUT EUROPE DISCLAIMER

This Website, amongst other things, contains certain discussion forums, bulletin board services, chat areas, communities and/or other message or communication facilities (collectively, "Communities"). Much of the content of the Communities, including the descriptions for many Communities and the content within a specific message or posting, is provided by and is the responsibility of the third party creator of the Community or the person posting in that Community. OutEurope has no responsibility for such content and is merely providing access to such content as a service to you. By their very nature, communities may carry offensive, harmful, inaccurate or otherwise inappropriate material or, in some cases, postings that have been mislabelled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using communities. The content of this Website is intended solely to provide information on matters of general interest for your personal use and you accept full responsibility for its use. While we have made reasonable attempts to ensure the information contained in this Website has been obtained from reliable sources, we are not responsible for any errors or omissions. All information in this Website is provided to you without any guarantee of completeness, accuracy, timeliness and without warranty of any kind (express or implied), including warranties of performance, satisfactory quality or fitness for any purpose which are excluded to the fullest extent permissible under the laws of The Netherlands. This Website, including but not limited to text, content, photographs, video, audio and graphics, is protected by copyrights, trademarks and/or other proprietary rights. All individual articles, reports and other elements making up the site may be copyright works. You agree to abide by all additional copyright notices or restrictions contained in this Website. It is your acknowledged responsibility that you may not rely on the information in this Website or use the information in substitute for independent investigations and your own sound judgment. We do not accept any liability to you, whether in contract or in negligence for any damage, loss or expense you may incur as a result of any of your actions or omissions made in reliance on or as a result of the information contained in this Website. Use of the Website indicates acceptance of the Terms and conditions.