1.1 The Club Soda Guide website (Website) is owned and operated by Club Soda Limited (we, us and our). You, your or user means the person using the Website under these terms (Terms).
1.2 You agree to be bound by these Terms from the point you first access the Website, otherwise you must cease your use of the Website.
1.3 These Terms may be modified or revised by us at any time.
1.4 The Website is only for adults over 18 years old.
2.1 Once a Licensee (or licensed venue owner, manager, employee, or anyone else authorised to do so by the Licensee) has registered with us, they can input material that they have created to the Website, including (but not limited to) their own words or photographs.
2.2 Subject to clause 3.2.4, Licensees can also input other people’s material, including (but not limited to) content created by or otherwise attributed to third parties such as articles, interviews, photographs or reviews.
2.3 Any information supplied by a Licensee must be true, accurate and not misleading and in accordance with any guidelines (that form part of these Terms) that Licensees must read and understand before adding information about their premises to the Website.
2.4 Licensees must not pass on their login details or enable anyone else to add content to the Website on their behalf other than those persons they have expressly authorised to do so.
2.5 We may use, edit, modify or reproduce any contributions to the Website by Licensees, and in submitting content to the Website Licensees grant us a worldwide perpetual, non-transferable and royalty-free licence to use such content in any manner, including for publication in any Club Soda Guides in print or electronic format.
3.1 This clause 3 applies to all Website users, including Licensees, who make contributions to the Website. For example, users can post comments where we allow this, in accordance with any guidelines (that form part of these Terms) that Website users must read and understand before posting a comment.
3.2 In relation to any material posted on the Website users will not:
3.2.1 publish falsehoods or misrepresentations that could damage us or any third party;
3.2.2 submit content or provide links to websites that are unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or otherwise discriminatory, or encourage conduct that could be considered a criminal offence, give rise to breach of contract, break any law or is otherwise inappropriate;
3.2.3 submit (or encourage the submission of) illegal or unauthorised copies of works protected by a third party’s copyright including (but not limited to) pirated computer programmes or links to them, information that circumvents manufacture-installed copy-protect devices, or pirated music files or links to them;
3.2.4 submit material that is otherwise subject to third party rights, unless permission to use such material and publish it on the Website has been expressly obtained;
3.2.5 submit material that contains software viruses or anything else that may threaten or interrupt the functionality of the Website;
3.2.6 impersonate another person; or
3.2.7 solicit personal information from anyone.
3.3 Any content specified at clause 3.2 is Prohibited Content. We may, at our reasonable discretion, deem any other content not specified in clause 3.2 to be Prohibited Content.
3.4 We reserve the right to investigate and take appropriate action against Website users if, in our opinion, they provide or use Prohibited Content or otherwise breach clause 3.2, such action to include (but not be limited to) reporting the Prohibited Content and the details of the person providing it to the appropriate law enforcement agencies and removing the Prohibited Content from the Website.
3.5 You agree to defend, indemnify and hold us or any of our affiliated companies or individuals harmless from any third party claims or proceedings (including reasonable legal fees) resulting from any violation of this clause 3 either by you or persons acting on your behalf.
3.6 If you think that any material contributed to the Website may contain Prohibited Content, please notify us by emailing us at email@example.com.
3.7 We may modify, block, refuse to display or delete any content submitted to this Website (even if it is not Prohibited Content).
4.1 The Website may contain special offers and other features that are subject to additional rules. Please read these rules, which may be posted or linked at relevant places of the Website, before participating in these special offers and other features.
4.2 Website users can sign up to receive news about our offers and communications where we offer this. If any details you supply to us when signing up to our mailing lists change, please let us know by emailing us at firstname.lastname@example.org.
4.3 The Website may incorporate links to external websites of third parties. The presence of such links on the Website neither constitutes an authorisation by us to you to access third party websites nor an endorsement of the content of third party websites by us. You agree and acknowledge that your use of and the content of such third party websites falls outside our control and the jurisdiction of these Terms and that we will not be held responsible for any damages, loss, costs or expenses arising from the use of third party websites or products or services available through third party websites.
4.4 We may make changes to the Website at our discretion and this may involve periods of Website downtime. As computer and telecommunication systems are not fault-free, this may also mean that Website users incur periods of downtime. We do not guarantee uninterrupted availability of the Website therefore but we will make all reasonable efforts to minimise any periods during which the Website is not available.
4.5 The security of information transmitted via the internet cannot be guaranteed, and you use the Website at your own risk. We do not accept liability for any losses incurred or sustained by you as a result of transmitting information by means of email or using the Website.
5.1 All material in or on the Website in which we own copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) remains vested in our ownership or that of our respective licensors.
5.2 You may not copy, reproduce, upload, download, distribute, republish, retransmit, disassemble, decompile, reverse engineer, modify or otherwise use in any way any of the material on or functionality of this Website, including any computer code and software, other than for your own personal use and in accordance with these Terms.
5.3 All brand names, product names and titles used in the Website are trade names, and in some instances trademarks, of their respective holders. No permission or licence is given in respect of use of any of the above, and such use may constitute an infringement of the relevant holders’ rights.
6.1 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or any other liability which cannot be excluded by law.
6.2 We provide the Website on an “AS IS, AS AVAILABLE” basis.
6.3 Subject to 6.1 above, we will not be liable to you for any loss or damage in circumstances where (or to the extent that):
6.3.1 neither we nor our employees or agents are in breach of a legal duty owed to you;
6.3.2 such loss or damage is not a reasonably foreseeable result of any such breach; or
6.3.3 any increase in loss or damage results from the act or default of a third party or a breach by you of any of these Terms.
6.4 Except as expressly provided in these Terms and except in respect of fraudulent misrepresentation, all conditions, representations and warranties (express or implied, statutory or otherwise) are excluded to the extent permitted by law, including (without limitation) any implied warranties or conditions as to quality, fitness for purpose and reasonable skill and care.
6.5 Under no circumstances (including negligence) will we or any affiliated company or individual be held liable for any direct, indirect, incidental, special or consequential damage (including, without limitation loss of profit, loss of business, lost data, viruses that may infect your computer, depletion of goodwill or otherwise), costs, expenses or other claims for economic loss (however caused) which arise out of or in connection with these Terms or your use of the Website.
6.6 We do not warrant that the Website or any products and materials contained on the Website are error free, or that errors will be corrected, or that the Website or the server from which it is run is free of viruses or other potentially harmful codes.
6.7 Neither we nor our affiliates make any representation that materials on the Website are appropriate or available for use in locations outside the United Kingdom, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other territories do so at their own initiative.
7.1 Our failure to insist upon the strict performance of any of your obligations under these Terms will not be construed as a waiver and will not affect our rights to require strict performance of such obligations.
7.3 If any provision of the Terms or part thereof is found to be invalid or unenforceable, the invalidity or unenforceability of such provision or part will not affect any other provision or the remainder of the provision in which such invalid or unenforceable part is contained, which will remain in full force and effect.
7.4 Nothing in these Terms will give nor is intended to give rights to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
7.5 Unless the local law in the territory in which you are situated permits or requires these Terms to be governed by such local law, these Terms will be governed by English law, and each of us agrees to submit to the non-exclusive jurisdiction of the English courts.
For comments or questions relating to these Terms or the Website please email us at email@example.com.
1.4 We act in accordance with current legislation and aim to meet current best practice with regard to the processing of personal data. We are registered as a data controller in the United Kingdom in accordance with the Data Protection Act 1998.
2.2 You must register with us if you want to provide and amend a description of your premises. We may monitor but are not responsible for any information you disclose about yourself on the public areas of this Website, which may be collected and used by others and which may result in you receiving unwanted and unsolicited messages from third parties.
2.3 By registering with us, you agree that we may use the information you provide to us for communication purposes. This will include sending you messages by email. We will not supply third parties with your data for the purposes of marketing.
2.4 In some places on this Website we may ask for your feedback or suggestions and may provide you with a link for emailing us your response.
3.2 We will disclose your personal data to authorised authorities without your consent only where we are required to do so by law.
4.1 If you wish to unsubscribe from any of our mailing lists or other communications, or if you have previously provided us with your email address or any other information and later decide that you do not want us to have it, please contact us at: firstname.lastname@example.org.
4.2 You may have signed up to our email communications with multiple email addresses. If so, and if you want to stop receiving any communications from us, it is your responsibility to contact us to opt-out of receiving further email communication in respect of each different email address.
5.2 We may use a tracking facility that indicates to us your response to our electronic communications such as open rate and click through rate. In no event does this tracking facility tell us anything about your visits to other websites (except those you enter through a link in our newsletter/on our Website), or your use of the internet in any other way. We will only keep such data for research and evaluation purposes.