TERMS OF USE
Nightclub Finder
Terms of Use
(1) Introduction
These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.
If you submit wish to advertise on our website, we will ask you to expressly agree to these terms of use.
(2) Licence to use website
Unless otherwise stated, we or our licensor's own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) edit or otherwise modify any material on the website (other than editing your own comments, before submission, using the comments feature on the website);
(e) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose; or
(f) redistribute material from this website (except for content specifically and expressly made available for redistribution).
We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.
(3) Our directory
Our website includes a directory of nightclubs.
If you would like to recommend a nightclub for inclusion in our directory, please notify us by pressing the “list a nightclub” button on our website, and completing and submitting the listing form.
Your use of the “list a nightclub feature” and any material you provide to us in connection with a nightclub listing must comply with the “acceptable use” and “submissions” provisions below.
In addition, you warrant and represent that all the information that you supply to us in connection with any listing request is true, accurate, complete, up-to-date and not misleading, and that your listing request relates to a UK nightclub that is open for business at the time of submission of the request.
Please help to keep our directory up-to-date by notifying us when information about a nightclub becomes out-of-date.
(4) Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spy ware, computer virus, Trojan horse, worm, keystroke logger, root kit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use data collected from our website or our directory for any marketing purpose or activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
(5) Submissions
In these terms of use, “your submissions” means all material (including without limitation text, images, audio material, video material and audio-visual material) that you submit for inclusion in our website directory, or using our “user comments” feature, or to our website using any other website feature.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your submissions in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your submissions must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
Your submissions (and their publication on our website) must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy, or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in a explicit, graphic or gratuitous manner;
(m) be pornographic or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be rude, offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
Your submissions must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.
Except to the extent that your submissions constitute paid advertisements under Section 6, your submissions must not contain any advertising or promotional material, and must not have as their object or effect the advertisement or promotion of any goods, services or websites.
You must not submit any comments relating to a nightclub if you are an owner, director or employee of the nightclub, or have some other financial interest in the nightclub, or are related to any person who is an owner, director or employee of the nightclub or has some other financial interest in the nightclub.
You must not use our website to link to or display the URL of any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.
You must not submit to our website any submissions that are or have ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
If you become aware of any content on our website that breaches these terms of use, you must report that content to us using the “report it” button on the website.
Notwithstanding our rights under these terms of use in relation to user submissions, we do not undertake to monitor the submissions, or the publication of the submissions on our website.
(6) Advertisers
If you wish to apply to advertise on our website, you must contact us by email to enquiries@nightclubfinder.co.uk.
If we accept you as an advertiser, we will send you a confirmation email specifying: (i) any technical or other requirements relating to advertisements; (ii) the dates by which you advertisement must be provided to us, and the date when the advertisement will be first published on our website (subject to these terms); (iii) the period for which the advertisement will remain published on the website (subject to these terms); and (iv) the price payable by you to us in relation to the advertisement.
A contract for the publication of your advertisement will come into force if and when we send you the confirmation email described above, and will continue in force until the paid-for advertising services are completed, unless terminated earlier in accordance with these terms of use.
You grant to us a non-exclusive, worldwide, royalty-free licence to publish the advertisements on our website as contemplated in our confirmation email.
You warrant, represent and undertake to ensure that your advertisements: (i) comply with the provisions of Sections 4 and 5 of these terms of use; (ii) comply in all respects with the ASA Codes; (iii) are accurate, fair and not misleading; and (iv) are of a quality commensurate with other advertisements published on our website generally.
We reserve the right to suspend the publication of any advertisement at any time where we reasonably consider that the content breaches or may breach these terms of use.
You must pay the charges in respect of an advertisement upon receipt of our confirmation email or within 14 days following receipt of the confirmation email, failing which the contract for the publication of the advertisement will terminate automatically.
All charges stated in relation to advertisements are stated exclusive of VAT, unless the context requires otherwise.
If you do not pay any amount properly due to us under or in connection with the Agreement, we may: (i) charge you interest on the overdue amount at the rate of 8% per year above the base rate of HSBC Bank Plc from time to time (which interest will accrue daily until the date of actual payment, be compounded quarterly, and be payable on demand); or (ii) claim interest and statutory compensation from the Advertiser pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
(7) Limited warranties
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
Accordingly, we reserve the right to discontinue our directory services and the publication of our website at any time in our sole discretion with or without notice and you will not be entitled to any compensation upon the discontinuance of our directory services (save that advertisers who have paid for advertising services that were to be provided after the permanent cessation of publication of the website will be entitled to a refund of the charges paid in consideration for the advertising services that have not been provided, the amount so such refund to be calculated by us using any reasonable methodology).
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(8) Limitations of liability
Nothing in these terms of use (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:
(a) to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature; and our liability to advertisers will be limited to the amount paid to us by the advertiser during the 12 month period preceding the event or events giving rise to the claim;
(b) we will not be liable for any consequential, indirect or special loss or damage;
(c) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
(d) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control.
You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms of use. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.
You agreed to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.
(9) Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.
(10) Breaches of these terms of use
Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the website;
(c) permanently prohibit you from accessing the website;
(d) block computers using your IP address from accessing the website;
(e) contact your internet services provider and request that they block your access to the website;
(f) bring court proceedings against you for breach of contract or otherwise;
(g) delete and/or edit any or all of your user submissions; and/or
(h) terminate any contract for the provision of advertising services that we have entered into with you (in which case you will have no right to a refund of any charges paid in respect of advertising services).
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
(11) Third party websites
Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
(12) Trade marks
NIGHTCLUB FINDER and our logo are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
(13) Variation
We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.
(14) Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.
(15) Severability
If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
(16) Exclusion of third party rights
These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.
(17) Entire agreement
These terms of use constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
(18) Law and jurisdiction
These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of England and Wales.
(19) Our details
The full name of our company is Hutchings and Kluczynski Ltd.
We are registered in England & Wales under registration number 06662929.
Our registered office address is at Fernhills House, Foerster Chambers, Todd Street, Bury, Manchester BL9 5BJ.
You can contact us by email to enquiries@nightclubfinder.co.uk.