By signing up for the Simply Time Out service (“Service”) or any of the services of Simply Time Out (“Simply Time Out”, “Site”, “Website”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Services offered by Simply Time Out under the Terms of Service include various services via our website and mobile app including Ads distribution, Classified Ads, Business Directory. Any new features or tools which are added to the current Service shall be also subject to the Terms of Service.Simply Time Out reserves the right to update and change the Terms of Service by posting updates and changes to the Simply Time Out website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
(1) Age of use
The Simply Time Out website “www.Simply Time Out.com” and the Simply Time Out mobile application are intended to be used by users who are adults as defined under all applicable laws. Users who are not adults are not authorized to download the mobile application, register or create an account with us. Minors can get the permission of legal representatives in order to use the Service, the legal representative take full responsibility of all acts committed by the minor.
By use of this Service you agree that you are an adult under all applicable laws. If found necessary, Simply Time Out may contact you at any time requiring you to prove your age.
(2) Account creation
All persons requiring access to certain functionalities of the website and the mobile application will need to register by providing an email address or Facebook account. In case you use a social network to register, you authorize Simply Time Out to access and use certain information depending on the privacy settings that you have selected in the corresponding social network. You agree to provide accurate, current, and complete Member account information about you as may be prompted by the registration and/or login form on the Application.
As an account holder you accept and assume all responsibility that may arise in any activity that occurs under your username and password. You are responsible for maintaining the confidentiality of the password you designate during the registration process.
(3) The mobile application
The Simply Time Out mobile application is offered for free to all users, it can be installed and executed at no cost. Simply Time Out grants you a license for installing and running the mobile application. By agreeing to the terms you accept the permissions for installation and execution of the mobile application.
(4)Rules of Use
You agree to use the Simply Time Out website and the mobile application and its contents and services in accordance with the law, the morality, and the public order and in accordance with these terms and conditions. You are also obliged not use the Service to conduct illegal activities or constitute criminal offenses that violate the rights of third parties and/or violate the regulation on intellectual and industrial property, and any other rules of the applicable legal provisions.
You are solely responsible for the interaction you establish with other Users of the Service and for all content that you upload, post or transmit through the Simply Time Out Website or mobile application. You also guarantee that you are not infringing any third party right by the content uploaded.
In addition, you agree and acknowledge that Simply Time Out in no case will be held liable for the conduct of other Users.
Simply Time Out prohibits the use of automated software to introduce content into the Service in any form, directly or indirectly, without the written permission of Simply Time Out. In addition, Simply Time Out strictly prohibits any third-party agents, services, or intermediaries to access, manage, operate, introduce, post or distribute Content to the Service on behalf of others. You further agree not to:
• Introduce any material which may be considered racist, pornographic or contrary to the human rights
• Introduce or disseminate in the network data programs (viruses and malicious software) that might cause damage to the computer systems of the access provider, its suppliers or third party users of the Internet.
• Introduce or distribute to third parties any information, element or content that violates the fundamental rights and civil liberties recognized in international treaties.
• Introduce or distribute to third parties any information, element or content that constitutes unlawful or unfair advertising
• Enter or distribute any information and content false, inaccurate or ambiguous in a manner which is misleading in the recipients of the information.
You agree that Simply Time Out may moderate access to and use of the Simply Time Out Service in our sole discretion through any means (including, for example, blocking, filtering, deletion, delay, verification, and/or termination of your access. Furthermore, we have the right to remove any posting you make on the Simply Time Out Service if, in our opinion, your post does not comply with applicable standards. You agree not to bypass or attempt to bypass such moderation.
(6) Prohibited items
Simply Time Out prohibits the listing or sale of any items that are illegal under any applicable law, statute, ordinance or regulation at a local, state, provincial, national or international level. Unclear photos are not allowed as well as photos sourced from the internet which has not been photographed by the account holder. Also, the following items are prohibited:
• Stolen Property
• Counterfeit Products
• Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs
• Animal Products and Human Remains
• Pornography and Mature Content
• Dangerous Items: Hazardous Materials, Recalled Items, and Weapons
• Hate Items: Items that Promote, Support, or Glorify Hatred
• Violent Items: Items that Promote, Support, or Glorify Violence
• Blood, Bodily Fluids and Body Parts
• Items that infringe trademarks, copyrights or any other IP rights of third parties
• Internationally Regulated Items
• In addition, Simply Time Out reserves the right to remove any listings that we consider inappropriate or unfit for posting.
You agree to hold harmless, defend and indemnify Simply Time Out and the Simply Time Out Providers from all liabilities, losses, damages, deficiencies, claims, causes of action, demands and expenses, (including, but not limited to, reasonable attorneys' fees), that are due to, arise from or otherwise relate to your conduct or your use or misuse of the Simply Time Out Service or Materials, including, without limitation, any actual or threatened suit, demand or claim made against Simply Time Out or any Simply Time Out Provider that arises out of or relates to: (i) any intellectual property rights or other proprietary rights of any third party, (ii) your breach of these Terms including without limitation your breach of any of your representations and warranties; (iii) your use of any of the Simply Time Out Service or Materials; or (iv) any content that you store on or transmit through the Simply Time Out Service. Simply Time Out may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with Simply Time Out in such event.
(8) Intellectual property
Simply Time Out does not claim any intellectual property rights over any material you provide to the the Service. All material you upload remains yours. By uploading content to the Service, you agree: (a) to allow other internet users to view your content; (b) to allow Simply Time Out to display and store your Content; and (c) that Simply Time Out can, at any time, review all the content submitted by you to its Service. You retain ownership over all content that you upload to a Simply Time Out; however, by making your store public, you agree to allow others to view your content. You are responsible for compliance of content with any applicable laws or regulations. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose. Simply Time Out shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.
(10) Termination and effect of termination
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and mobile application and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site and mobile application in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
(11) No Warranties
THIS WEBSITE AND THE MOBILE APPLICATION ARE MADE AVAILABLE TO YOU ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. Simply Time Out AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. NO ADVICE OR INFORMATION GIVEN BY Simply Time Out, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (A) NEITHER Simply Time Out NOR ITS AFFILIATES REPRESENTS, WARRANTS OR GUARANTEES THAT THIS WEBSITE, THE MOBILE APPLICATION OR THE INTERNET GENERALLY WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS WEBSITE AND THE MOBILE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (B) NEITHER Simply Time Out NOR ITS AFFILIATES MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY SITE, (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE AND MOBILE APPLICATION (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (3) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE AND MOBILE APPLICATION, OR (4) THE INTERNET GENERALLY. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION (NO WARRANTIES) AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL GOVERN.
The Simply Time Out website and mobile app may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.