Terms of Service

Last update: 25. July 2017

 

Welcome to our Web Site and Social Media Terms and Conditions of Use for Timeoutsociety and all related SOCIAL MEDIA ACCOUNTS; including Timeoutsociety, Timeoutvacation , Timeoutcreatives, Timeouthomes, Timeoutfashions, Flatlaytoday, Bookedpackedabroad and Meanwhileabroad.

 

Important notice: By following any Timeoutsociety Account on Instagram such as Timeoutvacation, Timeoutfashions, Timeouthomes, Flatlaytoday, Timeoutsociety, Bookedpackedabroad, Meanwhileabroad  or by labeling any content with any of the labels or hashtags these accounts - it encourages visitors to the Accounts to use the hashtags #timeoutsociety, #timeouthomes, #timeoutfashions, #flatlaytoday, #traveleroftheweek and #timeoutcreatives and #timeoutvacation - you accept and agree to these Terms and Conditions.

 

1. Introduction and Acceptance

This is a contract (“Agreement”) between you and Timeoutsociety. (“TOS”, “we”, or “us”). By using Timeoutsociety or any other sites, services, mobile applications, products, and content provided by Timeoutsociety you are agreeing to be bound by the terms of this Agreement. Please review our Terms fully before you continue to use the Service. By using the Service, you agree to be bound by the Terms. You shall also be subject to any additional terms posted with respect to individual sections of the Service. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices. If you do not agree, please discontinue using the Service. Timeoutsociety reserves the right to change the Terms at any time without prior notice. Your continued access or use of the Service after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review the Terms regularly. The Terms were last updated on the 1st of July, 2016. Your use and browsing of the Service is at your own risk. If you are dissatisfied with any of the materials contained in the Service, with the quality of service, or with these Terms, we suggest for you to discontinue accessing and using the Service. We welcome your feedback and suggestions on how we can make Timeoutsociety better. Email us at terms@timeoutsociety.com with your thoughts.

2. DETAILED INFORMATION ABOUT TIMEOUTSOCIETY AND ACCOUNTS.

The Accounts as described below are provided by TIMEOUTSOCIETY  ('TOS' or 'we', 'us' or 'our'), a company incorporated and registered in Gammelshausen, Germany.  Timeoutsociety's VAT number is 63423/16285. Timeoutsociety operates various websites and accounts on publically accessible social media services such as Instagram pages and Facebook pages and groups with the following titles Timeoutsociety, Timeoutvacation, Timeoutflatlay, Bookedpackedabroad, Meanwhileabroad - those are considered as our "Accounts".

3. USING THE TIMEOUTSOCIETY SERVICE 

By using our Timeoutsociety Service you agree to be at eigtheen"18" years old.   If you are under 18, you may use our services only with involvement of a parent or guardian. No one under the age of eighteen "18" is allowed to use the Timeoutsociety Service or provide any information to Timeoutsociety, or to anyone else through the Timeoutsociety Service, including name, address, telephone number, and email address. By receiving information from you or any type of usage of our website or associated social media platforms, we automatically assume that you have read and agree with our Terms and Conditions.

 4. PURPOSE AND FUNCTION OF OUR 'ACCOUNTS'

  1. We repost and share photographs + stories and other content from social media networks and other sources to/with our followers of our Accounts and new visitors.
  2. We  encourage our followers and visitors on any of the Accounts to label any content that they would like to be reposted, shared or otherwise made available by TOS with an appropriate label, for instance: "timeoutsociety".
  3. We also regularly encourage visitors of any of the Accounts to interact with TOS, follow TOS on various social networks, enter any competitions or promotions run by TOS and generally communicate with TOS.
  4. If you share any content with TOS by using the hashtags  #timeoutsociety , #timeoutvacation, timeoutcreatives,  #timeoutfashions, #flatlaytoday #traveleroftheweek' or similar specific hashtags related to Timeoutsociety,  you are granting us the permissions set out in these Terms and Conditions of Use.

5. RIGHTS AND OWNERSHIP

  1. Timeoutsociety does NOT claim ANY ownership rights in the text, images, photos, videos, souds, musical works, works of authorship, applications, or any other materials (collectively content) that you submit, post or share on or through the Timeoutsociety Accounts and Web Site, you retain all rights in and are solely responsible for such Content. You still own all the intellectual property rights in such content.

  2. However, by sharing your content with Timeoutsociety by using our hashtags as specified in our Terms and Conditions of Use, submitting your materials (Pictures, Stories, etc.) per Direct Message on Instagram and/or through Email, or through the Timeoutsociety website you grant TOS a royalty-free, worldwide, non-exclusive license to use, copy, reproduce, adapt, modify, edit, create derivative works of, publish, post, distribute, sublicense, assign, transfer or otherwise exploit, your content in any and all media, formats and channels (now in existence or hereinafter developed, including, without limitation to Instagram, Facebook, Twitter, Tumblr, Pinterest, Vine, and Snapchat, collectively "Social Media Channels" and any third party sites and newsletters for any purpose in connection with the operation of our Accounts and business.
  3. If you no longer want us to use your content as set out in these Terms and Conditions of Use, you can contact us at any time at contact@timeoutsociety.com -requesting the removal of your content from our Accounts and we will remove it as soon as possible.
  4. By making your content available to Timeoutsociety, you agree with every single paragraph written and readlable in this agreement.
  5. You own the content or you can otherwise grant us permission to use the content as set out above; and
  6. The content does not infringe any third party's rights
  7. If you use any content from third parties (i.e. not you) you must get their permission to make the content available to TOS and you must credit the owner of such content in the content you make available to TOS.
  8. If we use any of the content you make available to us, we will use appropriate efforts to credit you as the author of such content by referencing your name or social media handle in TOS posts. If we use your content in any way that is permitted by these Terms and Conditions of Use, you agree that we are under no obligation to pay or otherwise compensate you for such use.

6. CONTENT STANDARDS

  1. Timeoutsociety likes to maintain certain standards when interacting with users and when posting content. When you make any of your content available to Timeoutsociety, you agree not to post any material or make any content available to Timeoutsociety (a) that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive (b) in a manner that is illegal or causes damage, injury, or abuse to any person or property; or (c) that infringes any copyright, trade mark or other intellectual property right of any person. (d) against the social network’s Terms of Use such as Instagram.
  2. If you make any content available to Timeoutsociety that does not comply with clause above (Content Standards 5.1), Timeoutsociety may take any action it deems appropriate including 'blocking' you on a social network, reporting your behavior to the social media network or informing appropriate law enforcement authorities.

7. Privacy

All information that you submit, post and share through the Timeoutsociety service is subject to our Privacy Policy, and when you use the Timeoutsociety you consent to the collection and use of this information as described in this Privacy Policy.

8. TIMEOUTSOCIETY’S INTELLECTUAL PROPERTY RIGHTS

  1. Timeoutsociety is the owner or the licensee of all content and material (including any trademarks, logos, and service marks) it makes available through the Accounts. Those works are protected by copyright laws, trademark laws and treaties around the world. All such rights are reserved. Timeoutsociety grants you permission to use this content and material for your personal use only. Any other use of the Accounts or the content available through the Accounts is prohibited. This prohibition includes, but is not limited to:
  2. making commercial use of this content and material;
  3. reproduction of the Timeoutsociety names, logos or trademarks.
  4. If you would like to make any use of the content and material available through the Accounts other than that set out above, please contact Timeoutsociety by email (contact@timeoutsociety.com).

9. THIRD PART LINKS - WEBSITES -  SERVICES

The Timeoutsociety Service, or e-mail communications we send you, may contain links to third party websites or services that are not owned, controlled or endorsed by Timeoutsociety. There may also be links to third party websites or services in Content that other Users have provided to the Timeoutsociety Service. We do not endorse or assume any responsibility for any such third party websites or services, or for any content, advertising, products or other materials on or available from these websites or services. You access any third party website or service from Timeoutsociety at your own risk, and you acknowledge and agree that Timeoutsociety will have no liability arising from your use of or access to any third party website or service.

10. LIMITATION OF LIABILITY

We- Timeoutsociety have no responsibility whatsoever for any arrangements you make with any third party as a result of your use of the Timeoutsociety Services and/or Timeoutsociety Platforms. In the event that you encounter any problems with any booking you make or attempt to make via Timeoutsociety, you acknowledge that you should resolve that issue with the relevant Travel Provider and that your sole remedy in such circumstances, including any refund, lies with the relevant Travel Provider and not with us- Timeoutsociety.  The links we provide from our third party - "Travel Providers" are offered to inform you about travel deals and current hotel and flight rates. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you see any advertising on our website or any social media channels -  each individual advertiser is solely responsible for the content of its advertising material and Timeoutsoutsociety accepts no responsibility for the content of advertising material, including, without limitation, any error or inaccuracy therein.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Timeoutsociety SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE Timeoutsociety SERVICE, (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER ON THE Timeoutsociety SERVICE, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT, OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT, SHALL Timeoutsociety’s AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS (US$100.00) FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES.

11. NOTICE AND TAKE DOWN POLICY

  1. If you believe that any content available through any of the Accounts infringes your rights or fails to comply with the content standards set out in Section 5, please tell us immediately by sending an 'Infringement Notice'. The Infringement Notice should be sent by email to contact@Timeoutsociety.com. Please provide the information described below in the Infringement Notice:

a. ) your name and contact details;

b. ) a statement explaining in sufficient detail why you consider that the content available through the Accounts infringes your rights or fails to comply with the content standards; and

c.) a link to or such other means of identifying the problematic content.

d.) We will take the action that we think is appropriate depending on the nature of the Infringement Notice and will, if we deem it necessary, respond to you within a reasonable period of time.

12. GENERAL REPRESENTATION AND WARRANTY

You represent and warrant that (a) your use of the Timeoutsociety Service will be in strict accordance with the Timeoutsociety Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the Germany or the country in which you reside) and (b) your use of the Timeoutsociety Service will not infringe or misappropriate the intellectual property rights of any third party.

13. INDEMNIFICATION

You agree to indemnify and hold harmless, Timeoutsociety, its directors, officers, employees and agents from and against any and all claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees, that are in any way connected with (a) your access to or use of the Timeoutsociety Service, (b) your Content, or (c) your violation of any of the terms and conditions in this Agreement.

14. MISCELLANEOUS

  1. Access to the Accounts is subject to the terms of service of the particular social network on which that Service operates and these Terms and Conditions. We will not be liable if for any reason the Accounts are unavailable at any time or for any period.
  2. We exclude all warranties and conditions implied by statute, common law or the law of equity, to the extent permitted by applicable law and will not, in any way, be liable for any loss or damage (whether direct or indirect) in tort (including negligence), breach of contract, breach of statutory or otherwise (even if foreseeable) in connection with any use you make of the Accounts.
  3. We may revise these Terms and Conditions at any time by amending this page. You should check this page from time to time to take notice of any changes we make.
  4. German law will apply to all disputes and the interpretation of these Terms and Conditions and the German courts will have jurisdiction over any dispute arising from or related to your use of the Accounts. Please note that if you are a consumer resident in Germany, you may be able to take action against us in your local court and have certain statutory rights.
  5. We may transfer its rights and obligations under these Terms and Conditions to another entity, and we will do our best to notify you if this happens.
  6. If you need to contact us in relation to these Terms and Conditions or any other document mentioned in them, please email us contact@timeoutsociety.com .

 

 

15. Arbitration

For any dispute you have with Timeoutsociety, you agree to attempt to resolve the dispute with us informally and to contact us before resorting to litigation If we are unable to resolve the dispute with you informally, we each agree that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or equitable relief to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.You may bring claims only on your own behalf. You acknowledge and agree that you and we each waive the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding against each other. Unless both you and we agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding.

15. General Terms

a. Modifications to the Agreement

Timeoutsociety reserves the right, in our sole discretion, to modify or replace any part of this Agreement from time to time. The latest version will always be posted on our Site. It is your responsibility to check this Agreement periodically for changes, however, if a revision is, in our sole discretion, deemed material we will notify you of any changes. We reserve the right to determine the form and means of providing such notifications to you, and you agree to receive legal notices electronically if we choose. All changes to this Agreement are effective as soon as they are posted, and by continuing to use or access the Timeoutsociety Service after revisions to this Agreement become effective, you agree to be bound by the revised Agreement.

b. Entire agreement

This Agreement, along with our Privacy Policy and any amendments and additional agreements you may enter into with Timeoutsociety in connection with the Timeoutsociety Service, constitute the entire agreement between you and Timeoutsociety and govern your use and access of the Timeoutsociety Service, superseding all prior understandings or agreements, written or oral, of the subject matter hereof.

c. Assignment

Any attempt to assign or transfer this Agreement, or any rights hereunder, in whole or in part, whether voluntarily or by operation of the law, without the prior written consent of Timeoutsociety will be null and void, but Timeoutsociety may assign this Agreement or any rights hereunder without your consent. If provision of this Agreement is deemed invalid or otherwise unenforceable, then that provision will be limited or eliminated to minimum extent necessary and construed to reflect the parties’ original intent. The remaining provisions of this Agreement will remain in full force and effect.

d. No waiver

No waiver of any term or condition of this Agreement or any breach thereof, in any one instance, will be deemed a further or continuing waiver of such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions and Timeoutsociety may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Last update 25. July 2017