Terms of Membership
These are the standard terms of OUTeverywhere by Up and Doing Ltd, registered office 3 Bramley's Barn, The Menagerie, Escrick, York, North Yorkshire, YO19 6ET, England, Company No. 03963485, which cover the use of the OUTeverywhere website. Please read these terms carefully, they set out the basis on which you are allowed to use this website, the information contained within it and the OUT website services. They protect you as a User of the website and prevent the website from being used for any illegal or offensive purposes. By registering for membership with OUT you agree to be bound by these terms in respect of the matters described in the terms. OUT may amend these terms of use any time by giving notice as described in the terms.
Please read the Membership Information on our member website for details of membership fees, concession discounts and service restrictions for Non-Members.
- 1 Definitions:
- "Account" means a password-protected personalised login to the Site providing Content specific to you;
- "Content" means any information on the Site including without limitation text, photographs or other images;
- "Member" means a User of the Site who has paid a fee to Up and Doing Ltd for Membership or who has paid a licence fee for use of the Site;
- "Membership" means membership of OUTeverywhere;
- "Non-Member" means a User of the Site who has not paid a fee to Up and Doing Ltd for Membership or whose licence to use the Site has expired;
- "OUT"; "we" or "us" means Up and Doing Ltd or any person or organisation involved in any part of the design, development, response-handling, marketing, promotion or other similar aspects of the Site;
- "Site" means the OUTeverywhere.com member website and other sites directly related to OUTeverywhere and each page of such websites from time to time;
- "User" refers to any person viewing or interacting with this Site, including "you", whether Member or Non-Member;
- 2 Terms:
- 2.1 BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DISCONNECT FROM THIS SITE AND DO NOT USE THIS SITE FURTHER. THE ACCOUNT OF USERS CONTRAVENING THESE TERMS MAY BE DELETED WITHOUT NOTICE OR QUESTION.
- 3 Summary:
- 3.1 Content, opinions, advice, statements, offers, or other information or other Content made available through this Site are those of their respective authors and not of OUT and should not necessarily be relied upon. Such authors are solely responsible for such Content. OUT does not guarantee the accuracy, completeness, or usefulness of any information on this Site and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made. Under no circumstances will OUT be responsible for any loss or damage resulting from anyone's reliance on information or other Content posted on this Site or transmitted to Users.
- 3.2 16 is now the legal age of consent for gay sex in the UK providing it is consensual and in private. Misrepresenting your age may violate laws by which you are bound.
- 3.3 Content should not be submitted where it implies, or appears to imply, that you are explicitly looking for sex.
- 3.4 OUT reserves the right, but has no obligation, to edit or remove any Content without question, reason or notice.
- 4 Membership fees:
- 4.1 A trial period of grace of 28 days will be given to all new Users from the time of sign-up. Some service restrictions exist within the first 7 days of trial but thereafter and until the end of the trial OUT places no restrictions on your use of this Site.
- 4.2 This Site is not intended to be free to use. If you are a regular User of the Site you are expected to pay a Membership fee for your unrestricted use. The rates and application procedure for this are posted in the 'OUT / Membership' section.
- 4.3 OUT gives Accounts to all Users of this Site whether or not payment is made. However, Members will be entitled to receive additional benefits and will be marked as a Member by the inclusion of an orange circle next to their name on the Site. During their use of the Site, Non-Members will be subject to (i) service restrictions that are noted on the Site in the 'OUT / Membership', (ii) interstitial payment reminder notices and (iii) other material that OUT decides from time to time is appropriate.
- 4.4 Service restrictions to Non-Members restrict access to premier features of Accounts and limit communication between Non-Members but may be changed from time to time as deemed appropriate by OUT.
- 4.5 In the event your Account is deleted or Membership terminated, either through your own request or because you have contravened the terms of use of the Site, no part of the fee you have paid will be refunded and the Membership time may not be transferred to any other User, whether existing or new. In other cases remaining Membership time may be transferred to other Members on request.
- 4.6 In the event that the Site is unavailable due to scheduled maintenance for a period of more than 4 hours in any 24 hour period, all Memberships will be extended by one day. No refund or other form of compensation is available.
- 5 Site Contents:
- 5.1 The mention or appearance of any person or organisation featured on these pages is not to be taken as any indication of sexual, social or political orientation of such persons or organisations. No responsibility can be assumed for unsolicited materials and submission is construed as permission to publish without further correspondence.
- 5.2 The Content made available in this Site, including materials in linked Sites directly or indirectly accessible from this Site, are provided "as is" without warranties of any kind, either express or implied, including but not limited to all implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. OUT does not warrant that the materials will be error free, nor free of viruses, defamatory, offensive, or other harmful matter. You assume the entire cost of any necessary service, repair, or correction. The Content may include inaccuracies or typographical errors that will be corrected as they are discovered at OUT's sole discretion.
- 5.3 The photographs featured on OUT are the property and responsibility of the sender and may not be reproduced on any Site other than OUT without the permission of the person concerned. By submitting a photograph to OUT, you grant OUT permission to use the photograph, either in its original format or altered or cropped, on this Site in any way deemed appropriate by OUT.
- 5.4 You agree to be bound by the Guidelines on Content posted in the Info section of this Site and to comply with OUT's warnings procedure if you are asked to modify your profile.
- 6 Site links:
- 6.1 The materials that can be accessed from linked Sites are not maintained or monitored by OUT and OUT is not responsible for the Contents thereof. Any reference to a linked Site or any specific third party product or service by name does not constitute or imply its endorsement by OUT, and you assume all risk with respect to its use.
- 7 Conduct of Users:
- 7.1 You acknowledge that you are solely responsible for interactions with other Users of this Site and that you are solely responsible for all Content that you publish or post to this Site or transmit to other Users of this Site.
- 7.2 You agree that by interacting with this Site or providing Content to OUT that you are granting OUT permission to use that material on this Site.
- 7.3 You agree that you will not publish, post or transmit on this Site material that could be deemed offensive or abusive in tone, inaccurate, obscene, threatening, harassing, racially offensive, or illegal, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity) or may be deemed in any way anti-social or damaging towards OUTeverywhere, its staff or its members. This includes, but is not limited to: the posting of messages to other Users, whether in public areas or using the private messaging system; your choice of public name or OUT id; and your basic entry and your profile.
- 7.4 You agree not to post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- 7.5 You agree not to make false claims about the authenticity of photographs. Particularly, any photograph of a person that is posted for inclusion with your basic information must be a photograph of you. In all cases you must not use images where you do not have permission to publish the image on a public internet Site.
- 7.6 You agree not to include in public Content on this Site any telephone numbers, street addresses, email addresses and, in any Content on this Site, offensive anatomical or sexual references, or offensive language, and you will not post any photograph containing obscene nudity or personal information. You also agree that your profile summary and related photo captions will not include the address of an internet Site. Your personal homepage link must point only to a Site to which you have full file transfer access. OUT reserves the right, but has no obligation, to reject any text or photograph that does not comply with these prohibitions.
- 7.7 You agree to use this Site in a manner consistent with all applicable laws and regulations. You shall not copy, use, modify, transmit, distribute, reverse engineer, or in any way exploit copyrighted or proprietary materials available in this Site, except as expressly permitted by the respective owners thereof. All trademarks, service marks, and trade names in this Site are the marks of the respective owners, and any unauthorized use thereof is strictly prohibited.
- 7.8 You agree not to engage in advertising to, or solicitation of, other Users to buy or sell any products or services through this Site. You agree not to use this Site for commercial purposes, recruitment, business advertising, escort services or other purposes that may be construed as commercial or non-personal.
- 7.9 You agree not to transmit any chain letters, spam letters, or junk email to other Users, not to participate in mischievous or malicious behaviour which causes damage or may cause damage to OUT or this Site or any of the computer systems on which this Site resides. You agree not to attempt to bypass any of the security measures implemented on this Site or on any of the computer systems on which this Site resides.
- 7.10 OUT has the absolute right to modify or delete any or all information relating to and accessible by a User, including deletion or restriction of that User's Account, without prior notice or reason. In cases of dispute, the majority decision of the Directors of Up and Doing Ltd shall be final.
- 8 Marketing and Publicity:
- 8.1 OUT may from time to time obtain publicity for this Site in the gay press, internet trade press and general popular press, as well as newspapers, magazines and other publications both national and international. You agree that OUT may authorise screenshots or quotations or other publicly accessible material from this Site to be used in such publicity that may feature your OUT Content, including profile and/or photograph.
- 8.2 You agree to release all rights concerning such material as referenced above to OUT and agree that your Content may be used for such purposes. OUT agrees that it will contact you for your comments in all cases where it is aware that your information is contained in any such screenshot. OUT will endeavour to do this prior to any deadline for which the screenshot may be required.
- 9 Disclaimer of Warranty and Limitation of Liability:
- 9.1 Under no circumstances shall OUT, nor affiliates, staff, agents or suppliers, be liable for any damages, including without limitation, direct, indirect, incidental, special, punitive, consequential, or other damages (including without limitation lost profits, lost revenues, or similar economic loss), whether in contract, tort, or otherwise, arising out of the use or inability to use the Content available in this Site or any linked Site, even if OUT is advised of the possibility thereof, nor for any claim by a third party.
- 9.2 OUT hereby expressly disclaims any and all warranties, including without limitation, any warranties to the availability, accuracy, or Content of information, products, or services, or any warranties of merchantability or fitness for a particular purpose.
- 9.3 OUT shall in no event be liable for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records for any cause of action.
- 10 Indemnity:
- 10.1 You agree to defend, indemnify, and hold harmless OUT, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, damages and expenses (including reasonable fees) relating to or arising out of any User's use of this Site, including any breach by any User of the terms of this agreement.
- 11 Severability:
- 11.1 In the event any term or condition of this agreement is prohibited by local or other law, this agreement shall be construed in such a manner as to give force and effect to every lawful provision.
- 12 Notice:
- 12.1 The terms of use shall be governed in accordance with the laws of England. The terms and conditions of this agreement are subject to change by OUT at any time on a prospective basis upon notice to Users. Any User's use of this Site following such notice shall indicate the User's acceptance of the new terms and conditions. OUT may provide notice to Users by email or by a general posting (indicated by the word "Notice") on the 'home' page of this Site.
- 13 Personal data protection:
- 13.1 Any text-based Content submitted to this Site and copyright in it will become the property of OUT. You should not continue if you do not want your details to be stored on OUT. Personal data provided by you will be retained by OUT. OUT undertakes not to provide this information to third parties for marketing purposes.
- 13.2 You must not reproduce in any form whatsoever, whether electronic or otherwise, any text-based Content posted to this Site. This includes, but is not limited to, the transcripts of private messages, the Content of public discussion groups, results and comments from opinion polls, and member profiles.
- 14 Copyrights and trademarks:
- 14.1 Materials are copyrighted and are protected by worldwide copyright laws and treaty provisions. No logo, graphic, text, sound or image from this website may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without OUT's prior written permission. Except as expressly provided herein, OUT does not grant any express or implied right to you under any patents, copyrights or trademarks.
PLEASE NOTE: Events are listed on this website on behalf of organisers in accordance with the Terms of Membership of OUTeverywhere and only if they have chosen broad publicity when adding their event to the Member Events calendar. As such, events are not necessarily affiliated to or endorsed by OUTeverywhere and may not be organised by the person who has listed the event: the person listing this event may simply be attending an event organised by another person or organisation and may wish to meet other people sharing their interest in the event. The mention or appearance of any person or organisation featured on these pages is not to be taken as any indication of sexual, social or political orientation of such persons or organisations. We cannot guarantee that the information is accurate and recommend that you always seek to contact the organiser directly to confirm full details of any event. Under no circumstances will we be responsible for any loss or damage resulting from reliance on, use or misuse of, the information on this website.
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