Copyright. You may not reproduce, copy, or in any way redistribute the design or layout of the whole or any part of the timeoutdoors website design or logos without the prior written consent of TimeOutdoors.
(1) TOD.com LIMITED (registered no. 4956507) whose registered office is at The Elms, Oakwood Park Business Centre, Fountains Road, HARROGATE, HG3 3BF, UK (“TimeOutdoors”); and
(2) YOU, the user of the Services (“the User”).
“Claim” means any claim or action brought against the User for the infringement by the User of any copyright in the United Kingdom directly caused by or attributable to the use by the User of the Services in accordance with the terms of this Agreement.
“Intellectual Property Rights” means patents, trademarks, design rights and copyright, whether registered or not, and anything related thereto or similar from time to time; information relating to the Licensor’s business and method of operation; and any information provided to the Licensor by the Services or pursuant to its operation including without limitation any profiles created by the Services.
“Service” means the provision of Content (which includes without limitation certain data, news feeds and other services) provided on the Website to the User by TimeOutdoors.
“Website” means the website operating under the domain name timeoutdoors.com.
2.1 Please read these terms and conditions very carefully before using this Website. This is a legally binding agreement between you as the User and TimeOutdoors establishing the terms and conditions under which you may have access to, and use of, this Website, including all information, advice and downloaded materials contained or referred to in it or accessed from it (“the Content”). You signify your acceptance of these terms by continuing to use this Website.
2.2 The Content of this Website may be restricted by law in certain countries. It is the responsibility of the User to determine what those restrictions are and to observe them.
3.1 Upon acceptance of these terms and conditions you have a non-exclusive licence to use the Service for your own personal use. This licence shall include any material downloaded from this Website unless other conditions apply to the use of that material. TimeOutdoors has the right to revoke this licence at any time or to remove Content from the scope of the licence without further notice. TimeOutdoors makes no representation that the Content of this Website is appropriate or available for use in countries other than the United Kingdom.
3.2 The User agrees not to use the Service in any way to either directly or indirectly prejudice TimeOutdoors' interests and/or the Service in any way.
3.3 TimeOutdoors shall make the Service available to Users in such forms as it reasonably deems appropriate from time to time. It shall be the responsibility of the User to install and obtain licences for any software it requires to use the Service and to ensure that such software is operating properly at all times.
3.4 TimeOutdoors shall make the Service available to the User via such electronic or other means as it reasonably determines from time to time.
3.5 The User shall provide at its own cost suitable access to the internet or equivalent through which the Service is intended to be delivered and the User shall assume sole responsibility for the configuration and maintenance of that access and the licensing and/or provision of any software required.
3.6 All products and services contained on or referred to in this Website (including Content that can be downloaded) are subject to availability and TimeOutdoors has the right to withdraw any product or service at any time without notice.
3.7 Where the Content includes information relating to the prices of any product or service TimeOutdoors has the right to change any such pricing information at any time without notice.
3.8 TimeOutdoors will use its reasonable endeavours to try to ensure that any pricing information displayed on this Website is accurate and up to date but errors relating to pricing information are subject to the exclusion of liability set out above and you should not rely on pricing information as being accurate or up to date but should independently verify all pricing information.
3.9 Any product or service information contained on this Website relating to sizes, measurements and all other specifications and information is approximate and given for the purpose of guidance only. Errors relating to such information are subject to the exclusion on liability set out above and you should not rely on such information as being accurate or up to date but should independently verify all such information.
3.10 Supplying information relating to products and services through this Website does not constitute an offer to sell, or an offer to sell at a particular price or quantity, such products or services. These terms and conditions do not constitute the terms and conditions under which any products or services are sold by TimeOutdoors.
4.1 The User shall be bound by the terms of the current TimeOutdoors Copyright Policy.
4.2 In relation to any information or materials which the User submits to TimeOutdoors using this Website, the User grants to TimeOutdoors a world-wide royalty-free seventy year licence of the intellectual property rights in such information or materials for any purpose TimeOutdoors deems necessary including, without limitation, the copying, transmission, distribution and publication of such information or materials, unless restricted by applicable law.
4.3 The User acknowledges that the foregoing provisions in relation to Intellectual Property Rights shall not limit any specific provisions set out in the individual terms and conditions applicable to particular products and services offered on or through this Website.
4.4 The User agrees to indemnify TimeOutdoors in full for any loss, harm, damages or costs which arises as a result of the breach of this clause 4 by the User or those under its direct control.
6.1 TimeOutdoors does not provide any warranties in respect of the accuracy, operation or usefulness of the Service nor does it warrant that its operation will be uninterrupted or error free.
6.2 The obligations and liabilities of TimeOutdoors in this Agreement are in place of, and the User accordingly waives, in so far as it is permitted to do so by law, all implied guarantees and warranties including without limitation any warranty of satisfactory quality or fitness for a particular purpose whether or not any specific purpose has been notified to the Licensor.
6.3 TimeOutdoors does not warrant the accuracy or completeness of information provided to it by third parties nor that it is current or up to date. The User specifically agrees that it shall rely on the Service for general information purposes only and, in particular, shall not use the Service for providing any services to third parties. Use of the Service other than for general information purposes shall be the sole responsibility of the User who hereby agrees to indemnify TimeOutdoors in full for any claims, loss or damage brought against or suffered by TimeOutdoors as a result thereof.
6.4 TimeOutdoors shall endeavour to perform its obligations under this Agreement with reasonable care and skill but accepts no liability for the accuracy or completeness of any information provided to it and used in good faith.
7.1 TimeOutdoors reserves the right to make improvements, substitutions, modifications or enhancements to any part of the Service.
8.1 TIMEOUTDOORS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) IN RELATION TO THIS WEB SITE OR ITS CONTENT AND TIMEOUTDOORS EXCLUDES (TO THE EXTENT PERMITTED BY LAW) ALL SUCH WARRANTIES.
8.2 THE CONTENT CONTAINED ON THIS WEB SITE IS PROVIDED FOR GENERAL INFORMATION ONLY. ANY ADVICE OR INFORMATION RECEIVED THROUGH THIS WEB SITE OR ITS CONTENT SHOULD NOT BE RELIED UPON AS BEING CORRECT OR ACCURATE AS IT IS THE USER'S OBLIGATION TO VERIFY INDEPENDENTLY SUCH MATTERS FROM PRIMARY SOURCES OF INFORMATION AND BY TAKING SPECIFIC OR FURTHER PROFESSIONAL ADVICE.
8.3 THE USER MUST NOT RELY ON THE CONTENT OR ANY ASSOCIATED SERVICE OF THIS WEB SITE.
8.4 EXCEPT IN THE CASE OF DEATH OR PERSONAL INJURY ARISING FROM TIMEOUTDOORS' OWN NEGLIGENCE OR FOR FRAUD, TIMEOUTDOORS EXCLUDES ALL LIABILITY IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE FOR ANY COSTS, LOSSES, CLAIMS, DAMAGES, EXPENSES OR PROCEEDINGS (INCLUDING WITHOUT LIMITATION SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE, LOSS OF PROFITS AND WASTED MANAGEMENT TIME) INCURRED OR SUFFERED BY THE USER ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS WEB SITE AND ITS CONTENT INCLUDING ANY LOSS, DAMAGE OR EXPENSE ARISING FROM, BUT NOT LIMITED TO, ANY DEFECT, ERROR, IMPERFECTION, FAULT, MISTAKE OR INACCURACY WITH THIS WEB SITE, ITS CONTENT OR ASSOCIATED SERVICES (INCLUDING BUT NOT LIMITED TO INFORMATION, ADVICE, AND ALL CONTENT AND SOFTWARE DOWNLOADED FROM THIS WEB SITE), OR DUE TO ANY UNAVAILABILITY OF PART OR ALL OF THE WEB SITE OR ANY CONTENT OR ASSOCIATED SERVICES.
9.1 TimeOutdoors aims to make things simple for its Users and for information and convenience TimeOutdoors links to other websites. The inclusion of such links does not imply any endorsement of those web sites or the contents of those websites.
10.1 The User agrees not to use or to permit another to use the Service:
10.1.1 in any way (including without limitation posting Content) which is defamatory, offensive, abusive, indecent, obscene or menacing or which breaches any Intellectual Property Rights or obligation of confidence or which is otherwise illegal or unlawful; or
10.1.2 to cause annoyance, inconvenience or needless anxiety to any other person which is in violation of any applicable law or regulation (in any jurisdiction in the world) having the force of law; or
10.1.3 to introduce a virus or other disruptive program; or
10.1.4 in breach of this Agreement.
10.2 Without prejudice to its other rights, TimeOutdoors reserves the right to suspend the provision of the Service and/or to block or remove any e-mails or other postings, Content, or similar, of the User if TimeOutdoors has reason to believe that clause 10.1 above has not been complied with, that the User is likely to not comply with it or any third party has cause to believe or complain of the same.
11.1 The User shall fully indemnify TimeOutdoors from and against:
11.1.1 all liabilities, demands, losses, costs, damages and actual expenses (including reasonable legal fees) suffered or incurred by or awarded against TimeOutdoors in consequence of or arising out of any actions of the User that are inconsistent with, or are in breach of, the User's obligations under this Agreement, any relevant national or international laws or regulations or arising out of the User's gross negligence; and
11.1.2 all and any claims and legal proceedings together with all liabilities, demands, losses, costs, damages and expenses (including but not limited to reasonable legal fees) arising from the lawful provision of the Service to the User or the User's contractual or other arrangements with third parties relating to this Agreement which are brought or threatened against TimeOutdoors by any other person.
11.2 Without prejudice to TimeOutdoors' other rights and remedies, the User shall indemnify TimeOutdoors and keep TimeOutdoors fully indemnified from and against all losses, costs (including but not limited to all reasonable legal expenses and any cost of enforcement), liabilities, claims, damages and expenses that may be incurred or suffered by TimeOutdoors as a result of or arising out of or in any way connected with the User's use of the Service, and the foregoing shall include, but not be limited to, any claim of defamation, libel, slander, obscenity, invasion of privacy or any allegation thereof or infringement or alleged infringement of copyright, trade mark, moral right or patent or of obligations of confidence or any other claims anywhere in the world brought by third parties or any failure by the User to meet any third party obligations. This clause 11 shall survive termination of this Agreement.
12.1 This Agreement and the User's licence to use the Website and any or all of the Content may be terminated by TimeOutdoors at any time without cause or notice.
12.2 Any termination of this Agreement will be without prejudice to any other rights or remedies of TimeOutdoors under this Agreement or at law and will not affect its accrued rights prior to the date of termination.
13.1 If any of the provisions or part of a provision of this Agreement is judged to be illegal or unenforceable, the remaining provision or provisions shall continue in full force and effect unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice.
13.2 No forbearance or delay by either party in enforcing its respective rights will prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms will be deemed to be a waiver of any other right or of any later breach.
13.3 The User may not assign this Agreement or any benefits or interests arising under this Agreement without the prior written consent of TimeOutdoors.
13.4 Any notice required to be given under this Agreement by either party must be in writing and in the English language, and may be delivered either personally or by first class post in the United Kingdom and in the case of post will be deemed to have been received 7 working days after the date of posting. Notices will be delivered to the principal place of business of either party or to any other address notified in writing by either party to the other for the purpose of receiving notices after the date of this Agreement.
13.5 This Agreement (and accordingly all visits to this Website) shall be governed by English Law and the parties submit to the non-exclusive jurisdiction of the English Courts.