We want this site to be a success. We want our readers to find inspiration and high-quality advice, and we want our writers to be able to share their travel experiences with millions of people around the globe. So we have developed a site which enables this to happen and which we hope you will agree is a fair one.
It is important that all writers and contributors understand how the system will work, and what both their responsibilities and rights will be once they become part of our community. So these are our terms and conditions. Please read them because they include important information about copyright, privacy and other key points.
In these terms and conditions the terms ‘we’ and ‘us’ mean Simonseeks.com, which is the trading name of Chi Chi Locanda Ltd (company number 08454656).
This agreement applies in its entirety to both Contributors and Members, and every visitor to the Website will be categorised as either a Contributor or a Member. You may only use the Website if you agree to abide by these terms and conditions, and by all applicable laws.
If you are not willing to accept these terms and conditions as the basis on which you access and use the Website you should cease to use the Website immediately.
This Website is intended for use only by persons who are eighteen (18) years of age or older. Access to the Website by any person under the age of eighteen (18) is strictly prohibited. By accessing and/or using the Website, you represent and warrant that:
- you are eighteen (18) years of age or older;
- that you are legally capable of entering into binding contracts;
- that your use of the Website does not violate any applicable laws; and
- that you agree to abide by these terms and conditions.
In order to complete registration to the Website, either as a Contributor or a Member, you will be asked to provide a username and password. You must treat such information as confidential and you must not disclose it to any third party. You will be solely responsible for any activities undertaken on the Website under your username and for maintaining the security of your account information.
Should you choose to register to use the Website you confirm that:
- all registration information submitted is truthful and accurate; and
- you will maintain the accuracy of such information and advise us of any changes as and when such changes occur.
We have the right to withdraw your registration as a Member or a Contributor and disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions.
We may at any time, in our absolute discretion, suspend, restrict, terminate or deny you access to the Website, remove your profile from the Member/Contributor section of the Website as appropriate and remove any Guides, reviews, comments or other content that you have posted or otherwise made available on the Website.
Should we terminate your access to the Website, you agree that we shall not be liable to you or to any third party for any termination, suspension or restriction of your use or for any consequences that may arise as a result of such termination, suspension or restriction.
We will determine, in our discretion, whether there has been a breach of these terms and conditions. When a breach of the terms and conditions has taken place, we may take such action as we reasonably deem appropriate.
Failure to comply with these terms and conditions may result in our taking all or any of the following actions:
- immediate, temporary or permanent withdrawal of your right to use the Website;
- immediate, temporary or permanent removal of any posting or material uploaded by you to the Website;
- issue of a warning to you;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- further legal action against you; and
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these terms and conditions.
The responses described in these terms and conditions are not limited, and we may take any other action we reasonably deem appropriate. This agreement will remain in full force and effect whilst you use the Website. Our rights and all disclaimers, indemnities, warranties and exclusions under these terms and conditions in particular, the sections headed ‘Warranties’ and ‘Indemnity’ shall continue with full force and effect upon the occurrence of any of the events listed above.
We will not be responsible for any Guides that are not Approved for any reason, or are lost, delayed, corrupted or otherwise, and whether or not due to any technical difficulties or malfunctions.
We reserve the right to make the content of the Website available for use by others (Syndication).
We will ensure that, as far as possible, the Website is available at all times. We reserve the right to withdraw access to the Website or amend the service we provide on the Website without notice for any reason which shall include, but is not limited to carrying out any necessary repairs and maintenance or updating of the Website. We will not be liable if for any reason the Website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Website, or the entire Website, to users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms and conditions, and that they comply with them.
The Website is for personal use only and its use in connection with any commercial endeavours is strictly prohibited. Unlawful and/or unauthorised use of the Website, including the collection of usernames or email addresses of other members of the Website, whether by electronic or other means, is prohibited. Unauthorised commercial adverts, affiliate links, and other forms of solicitation posted on the Website may be removed without notice and may result in termination of this agreement. We reserve the right to take appropriate legal action should we become aware of any illegal or unauthorised use of the Website.
If you become a Contributor to the Website, you will be required to disclose within Your Content, for the benefit of other Members and Contributors, the details of any commercial arrangements that you have, or have had, with any third parties whatsoever that either have, or may be perceived to have, contributed towards, influenced or affected Your Content. This will include, but is not restricted to, the provision by any third party of any incentive to you, financial or otherwise, which has encouraged, or may be perceived by Members to have encouraged, you to provide Your Content that may not be entirely impartial or may have influenced Your Content in any way. By way of example, should you contribute a travel article describing your journey to a particular location, then any travel, accommodation, restaurant or other cost associated with a trip that has been funded by a third party must be disclosed within your article in a prominent position for the benefit of our Members.
You are solely responsible for any Guides, Reviews, comments, files, images, photos or any other material that you post on the Website (Your Content). You represent and warrant that Your Content:
- is accurate (where it states facts) and is genuinely held (where it states opinions).
- is either your original work or that you are the sole absolute and unencumbered legal and beneficial owner of the intellectual property rights in Your Content;
- it does not breach any right of confidentiality of any third party;
- is not defamatory, libellous or obscene or unacceptable for use on the Website;
- is not unlawful and does not contravene any statutory or regulatory provisions; and
- does not infringe the intellectual property rights, privacy rights or any other rights of any third party.
You are solely responsible for any photos, profiles (including your name, image, likeness and any personal information), notes, reviews, Guides, information, video, images and any other content that you upload publish or display on the Website or share with other users of the Website. You may not upload, transmit or post on the Website any of Your Content that you did not create or that you do not have permission to post. You understand and accept that we may, in our absolute discretion, review the Website and may delete, edit or remove (without prior notice) any of Your Content for any reason whatsoever. You are responsible at your own expense for creating a back-up copy of any of Your Content that you choose to upload, transmit or post onto the Website.
In consideration of us allowing you to use the Website, particularly in the case of Contributors whose Guides have been uploaded onto the Website (Guide Contributors), you assign to us with full title guarantee for the whole term of such rights:
- with the exception of photographs and images, the entire copyright and all other rights in the nature of copyright in Your Content. In relation to photographs or images which form part of Your Content you agree to grant us a non-exclusive permanent irrevocable royalty free worldwide licence to use those photographs and images;
- all other rights of whatever nature, whether now known or created in the future, to which you are now or may at any time after the date on which Your Content is uploaded onto the Website be entitled by virtue of any of the laws in force in any part of the world; and
- all related rights and powers arising or accrued, including the right to sue for damages and other remedies for any infringement of any of the rights listed above.
If you are the sole author of the work you agree to waive absolutely (should we so require) your moral rights arising under Chapter 4 of the Copyright, Designs and Patents Act 1988 and, so far as is legally possible, any broadly equivalent rights you may have in any territory of the world.
If you are not the sole author you agree to provide us, before Your Content is uploaded onto the Website, with written absolute waivers from all authors of Your Content in relation to all moral rights which subsist in Your Content by virtue of Chapter 4 of the Copyright, Designs and Patents Act 1988 (should we so require) and, so far as is legally possible, any broadly equivalent rights such authors may have in any territory of the world. In the event that you do not provide us with waivers before uploading Your Content onto the Website we will assume that you are the sole author of Your Content.
In the event that licences in Your Content have been granted to third parties, or that Your Content has previously been published/uploaded onto other websites you agree to provide us with comprehensive details of such licences and/or details of previous publication.
If at any time you decide that you no longer wish to assign the copyright in any of Your Content to us we will assign the copyright in Your Content back to you on the condition that you will provide us with a non-exclusive, permanent, irrevocable, royalty free, worldwide licence to use Your Content.
Any and all intellectual property rights in relation to the Website including Guides, comments, reviews, files, images, photos or any other material (Our Content) belong to us and are the proprietary property of ourselves, our users or our licensors with all rights reserved. Our Content may not be copied, altered, distributed, reproduced, downloaded, scraped, transmitted or sold in whole or in part, by any means without our prior written permission.
Once you are registered either as a Member or a Contributor to the Website, you are granted a limited license to access and use the Website and to access Our Content for your own personal use (provided it does not contravene the Commercial Use term above) provided that you abide by these terms and conditions. In particular, except for Your Content, you may not republish or reproduce any of Our Content on any Internet, Intranet or Extranet site whatsoever or include any of Our Content in any database or other compilation of content and any other use of the Website is strictly forbidden.
You may print off one copy, and may download extracts, of any page(s) from the Website for your personal reference.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified Contributors) as the authors of material on the Website must always be acknowledged.
If you print off, copy or download any part of the Website in breach of these terms and conditions, your right to use the Website will cease immediately and you must, at our request, return or destroy any copies of the materials you have made.
Your limited license to use the Website is subject to your acceptance of, and adherence to these terms and conditions. In addition, the license does not permit the use of any scraping, data mining, intelligent robots or other extraction or gathering of information from the Website for whatever purpose.
These terms and conditions include our policy for acceptable use of the Website and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website. We reserve the right to reject, refuse to post, edit or remove any posting by you, or to restrict, suspend, or terminate your access to all or part of the Website at any time without notice.
As the Website is a platform for the provision of information and the exchange of creative ideas and opinions whether by way of reviews of Your Content, reviews of other Contributors’ contents or responses to comments posted by you, we will do our best to assess any possible risks for users from third parties when they use the Website. However, we are under no obligation to oversee, monitor or moderate any services provided on the Website. You may find that you do not agree with the comments of others. Comments made may be negative as well as positive. Accordingly, you agree to waive your right to object to derogatory treatment of Your Content. We expressly exclude our liability for any loss or damage arising from the interaction of other users in relation to the services provided on the Website whether in contravention of our content standards or not.
You are solely responsible for Your Content posted by you and all other material you transmit to us or other Members. You represent and warrant that you own Your Content posted by you on the Website or have the right to post the content on the Website; You represent and warrant that Your Content does not:
- infringe the privacy rights, publicity rights, intellectual property rights or any other rights of any person;
- breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- breach the Official Secrets Act or any other legislation or is otherwise unlawful;
- contain any content which is prohibited (please see Content Which Is Prohibited section below).
You agree to indemnify us and hold us, any of our subsidiaries, parents or affiliates, and each of their directors, employees, agents and subcontractors, harmless from and against any liability, damage, claim, loss, demand or expenses (including any associated costs) arising out of or in connection with any breach of these terms and conditions and in particular associated with the use by you of any of Our Content to which you have no right of ownership or any breaches of the terms of Ownership of Your Content or the breach of any warranties contained in these terms and conditions.
PLEASE READ THIS CONDITION CAREFULLY
As we are providing a freely hosted platform to promote content we assume no responsibility for monitoring the Website for amongst other things, inappropriate or unlawful content, including but not limited to defamatory content. Content other than Guides reviewed by our editorial board as above is not reviewed by us prior to it being posted by Contributors and content does not reflect our opinions, views or policies.
While we will use our best endeavours to ensure that any inappropriate content is deleted from the Website when it is brought to our attention, we expressly exclude liability for the content or any damage you may suffer as a result of the content displayed on the Website which is provided without any guarantees, conditions or warranties as to its accuracy or lawfulness. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
- any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- o loss of income or revenue;
- o loss of business;
- o loss of profits or contracts;
- o loss of anticipated savings;
- o loss of data;
- o loss of goodwill;
- o wasted management or office time; and
- o for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
The following is a partial list of the kind of content that is illegal or prohibited on the Website. Content which
- is libellous, defamatory, offensive, hateful, inflammatory or obscene;
- is likely to deceive any person;
- is offensive or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- is threatening, abusive or will invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
- exploits people in a sexual or violent manner;
- contains images of nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information;
- provides any telephone numbers, street addresses, post or zip codes, or email addresses or other personal information excluding those relating to a hotel, restaurant, attraction or other commercial enterprise being reviewed in the Guide;
- promotes information that you know to be false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated e-books or links to them, providing information to circumvent manufacture-installed copy-protection devices, or providing pirated music or images or links to pirated music or image files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging or "spamming";
- contains restricted or password protected access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity fraud or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal information for commercial or unlawful purposes from other Contributors or Members;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person, or owned by another person, that you have posted without that person's consent;
- contains any photographs involving images of nudity, or obscene, lewd, violent, harassing, sexually explicit or otherwise objectionable subject matter; or
- gives the impression that they emanate from us, if this is not the case or can be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Information provided by other users may contravene this prohibition, and we assume no responsibility or liability for any material posted in contravention of these terms and conditions.
The following is a partial list of the kind of activity that is illegal or prohibited on the Website. We reserve the right to investigate and take appropriate action against anyone who, in our sole and absolute discretion, violates these terms and conditions, including but not limited to reporting that person to the relevant law enforcement and regulatory authorities as we see fit.
Prohibited activity includes, but is not limited to:
- criminal activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any Contributor or Member to buy or sell any products or services through the Website. You may not transmit any chain letters or junk email to other Contributors or Members. It is also a violation of these rules to use any information obtained from the Website in order to contact, advertise to, solicit, or sell to any Contributor or Member without their prior explicit consent;
- cover or obscure the banner advertisements or any other content on the Website via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to add friends or send comments;
- interfering with, disrupting, or creating an undue burden on the Website or the networks or services that support the Website;
- attempting to impersonate another Contributor or Member or accessing the account, username or password of another Contributor or Member;
- selling or otherwise transferring your profile;
- using any information obtained from the Website in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as placing commercial content on your profile, posting comments with a commercial purpose or creating a profile with a commercial purpose as one of your aims;
- using the Website in a manner which breaches any applicable laws and regulations;
- using the Website in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
- knowingly transmitting any data, sending or uploading any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of the provisions of these terms and conditions;
- not to access without authority, interfere with, damage or disrupt:
- o any part of our Website;
- o any equipment or network on which our Website is stored;
- o any software used in the provision of our Website; or
- o any equipment or network or software owned or used by any third party
You may not post, modify, distribute, or reproduce on the Website any material protected by copyright, trademark or other proprietary right belonging to others without obtaining their prior written consent.
Although our editorial board reviews Guides which are posted onto the Website, other material is not reviewed or monitored, we act as a host for what is a creative platform for the exchange of literary work, images and ideas. Accordingly, we operate a “notice and takedown” procedure. If you believe the Website contains a defamatory statement please notify us. Once we have received notification, should it result in the need to remove any content, we will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you and our Website must not be framed on any other site.
We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these terms and conditions.
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. 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.
Events Beyond Our Reasonable Control
We will not be liable to you for any delay or other failure to comply with our obligation (if any) where the delay or failure arises from any event or cause which is beyond our reasonable control.
Any material posted on the Website is not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
We aim to update the Website regularly, and may change the content at any time. If the need arises, we may suspend access to the Website, or close it indefinitely. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Before your Guide is deemed to be acceptable for posting on the Website it will be reviewed by the Website’s editorial board.
Whether or not updated material is posted on the Website is at the editorial board’s discretion. The editorial board’s decision is final and it does not have to provide an explanation for its decision.
We may delete or edit Your Content at any time for any reason including but not limited to where the content is offensive, infringes the rights of any third party, threatens the safety of any person or is otherwise unlawful. We will not be required to give you any reason for deleting or editing such content or to enter into any dialogue with you. Our decision will be final.
In order to make full use of the Website you may need to download software and content which may include additional terms and conditions. Such terms and conditions will be deemed incorporated into these terms and conditions to the extent that you download such software or content.
This agreement represents the entire agreement between us relating to its subject matter, meaning that no other terms expressed or implied apply or govern your contractual relationship with us.
This agreement shall be governed by and construed in accordance with English Law and you agree to submit to the exclusive jurisdiction of the English Courts.
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