Terms & Conditions of Use
Date of last revision: ● March 25 2013
The following terms and conditions from the basis of your contract with Thelma and Louise Club Limited, registered in England with company number 4863137) and whose registered address is Technopole, Kingston Crescent, Portsmouth, Hants, PO2 8FA, United Kingdom (the “company”) in connection your access to and use of the site.
By accessing or using the site you signify that you have read, understand and agree to be bound by these Terms and Conditions of Use whether you are a member or visitor to the site. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions of Use at any time with or without further notice. If we do this, we will post the changes to these Terms and Conditions of Use on this page and will indicate at the top of this page the date these Terms and Conditions of Use were last revised. It is your responsibility to regularly check the site to determine if there have been changes to these Terms and Conditions of Use and to review such changes.
Your continued use of the site after any such changes constitutes your acceptance of the updated Terms and Conditions of Use.
Please read these Terms and Conditions of Use carefully as they contain important information regarding your legal rights, remedies and obligations. By your accessing and use of the site in any manner you agree to be bound by these Terms and Conditions of Use which hereafter bind all of your activities on the site.
If you do not agree to and accept these (or any future) Terms and Conditions of Use, please do not access or use (or continue to access or use) the site.
By “site” and “Thelma & Louise” we mean this website or any other website made available through www.thelmandlouise.com or www.thelmaandlouise.com and any other Thelma & Louise branded or co-branded website (including sub-domains, international versions, widgets and mobile versions) now existing or later developed by the company, together with all related features and services.
By “we”, “us” and “our” we mean the company.
By “you” and “your” and “yourself” we mean any visitor or member or any other person named on any purchase, booking or reservation made on or through the site (including any person who is added or substituted at a later stage).
By “post” and “submit” we mean a post or submission on the site by you in any form or media.
By “content” we mean any information and material displayed on or made available through the site including, but not limited to: travel guides, trip ideas, images, photos, videos, illustrations, notes, comments, reviews, forum posts, private messaging, emails or any other material of any nature whatsoever in any form or media.
By “your information” we mean personal facts which identify you and any information you post or submit about yourself on the site as well as your activities on the site.
By “your content” we mean content you post or submit on the site including travel guides, email/private messaging communications and forum posts with us or members or visitors, including your information.
By “our content" we mean content other than your content.
By “member" we mean a person using the site who has submitted the necessary online registration details and whose registration has been activated and not cancelled or terminated.
By “visitor” we mean a person using the site who has not registered as a member.
By “affiliate” we mean any third party provider of products and services.
By “products and services” we mean goods, merchandise, services, events, advertisements, surveys, offers or promotions made available, directly or indirectly on or through the site, whether paid or unpaid.
Registration and membership
Thelma & Louise is for women who are eighteen (18) years or older. Use of the site by any other persons is strictly prohibited. When you submit your registration details for membership of Thelma & Louise you represent and warrant that:
It is free to register as a member with Thelma & Louise. After registering and authenticating your email address, you will be able to access and use all the features and functionality of the site and communicate with other members via email/private messaging, instant messaging or Skype™ and post and reply to messages on the site’s forum. Visitors will not be able to access and use all features and functionality. We reserve the right to change these arrangements without notice and to deny access and use to any person to the site at any time and for any reason including any violation of this agreement.
We may deactivate any member’s account which has not been accessed for six (6) months or longer.
Breaches and termination
We have the right at any time to terminate this agreement (including cancelling your membership, disabling your username and password and denying your access to and use of the site and removing your profile and any of your content from the site) immediately if, in our sole and absolute discretion, you have failed to comply with any of this agreement or fail to abide by any rules or actions given to you by us. Should we terminate this agreement you agree that we shall not be liable in contract or negligence or otherwise (including without limitation any loss or damages of any kind) to you or any person for any consequences, that may arise directly or indirectly from such termination. We will not be under any obligation to inform you of any communications sent to you on the site, other otherwise, after your membership has been terminated. Your failure to comply with this agreement may result in us taking all or any of the following actions:
The actions described above are not limited and we may take any other and legal remedies available to us which we consider appropriate. This agreement will remain in full force and effect whilst you access or use the site. Our rights and all disclaimers, indemnities, warranties and exclusions under this agreement, in particular the sections headed "Warranties” and "Indemnity" shall continue in full force and effect upon and shall survive the occurrence of any actions we choose to take.
We exclude liability for actions taken by us in response to breaches of any of this agreement by you.
Sharing your content and your information
You are solely responsible for your content on the site and you represent and warrant that your content:
Is to the best of your knowledge and belief accurate insofar as it contains facts, and genuinely held by you, insofar as it contains, your opinions;
You own all of your content, however you agree:
For any of your content that is covered by intellectual property rights ("IP content"), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to access and display on the site any IP content that you post or submit and to use such IP content in connection with the site or our business ("IP license"). This IP license ends when you delete IP content or your account on the site unless IP content has already been shared with or accessed by other members and visitors, and they have not deleted it;
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer, however, you understand that deleted IP content may persist in backup copies of the site (or parts thereof) for undeterminable periods of time (but will not continue to be made available by us to other members and visitors) or may continue to exist indefinitely in the form of any printed copy or downloaded extracts made by members and visitors prior to its deletion by you;
When you use an application, your content and your information may be shared with the application. We may require applications to respect your privacy, however your agreement with that application will control how the application can use, store, and transfer your content. When you post your content on the site it is accessible to all other members and visitors except for your private messages, your email address, your date of birth, your full home address, your password and any personal registration details you either decide not to complete (if not mandatory).
We always appreciate your feedback or other suggestions about Thelma & Louise, but you understand that we may use this and without any obligation to compensate you (just as you have no obligation to offer it).
Proprietary rights over our content and your right to use
Any and all intellectual property rights in relation to the site and its content other than your content (our content), belong to us, other members or our licensors or affiliates and remains the proprietary property of ourselves, other members or our licensors or affiliates, as the case may be, with all rights reserved. Such 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 as a member, you are granted a limited license to access and use the site and our content for your own personal use (provided it does not contravene the use terms set out under the heading "Your safety and use of the site" below) and provided that you abide by this agreement. 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 our content or the site is strictly forbidden.
You may print off one copy, and may download extracts, of any page(s) from the site for your personal reference only.
You must not modify the paper or digital copies of any content or materials you have printed off or downloaded from the site 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 licensors) as the authors of content and material on the site must always be acknowledged by you.
If you print off, copy or download any part of the site in breach of this agreement, this agreement will be terminated and your right to access and use the site will cease immediately and you must, at our request, return or destroy any copies or downloads of the content and materials you have obtained or made from the site.
Your limited license to use the site is subject to your acceptance of, and adherence to this agreement. In addition, the limited license does not permit the use of any scraping, data mining, intelligent robots or other extraction or gathering of information from the site for any purpose whatsoever.
This agreement include our policy for acceptable use of the site and content and material posted or displayed on the site, and your rights, obligations and restrictions regarding your access to and use of the site. We reserve the right to reject, refuse to post, edit or remove any posting by you or your content, or to terminate this agreement, cancel your membership and disable your access to and use of the site at any time without notice.
Products and services and events
We may display and promote affiliate’s products and services which we consider may be of interest to our members.
Transactions with affiliates: The nature and price of affiliate products and services and related terms or conditions displayed on the site may be changed or updated by us or by affiliates without notice. We make no representations or warranties, express or implied, regarding these products and services and all representations, conditions, warranties, terms and conditions whether express or implied by statute, common law or otherwise are excluded to the fullest extent permitted by law.
We are not liable for any contracts, arrangements or transactions between you and any affiliate in relation to any such products and services. All affiliate terms or conditions in connection with any transaction between you and an affiliate will vary from affiliate to affiliate and if accepted by you are agreed directly by you and the affiliate in question.
We reserve the right to vary this agreement pertaining to affiliates’ products and services displayed on the site prior to the time that a you complete a registration (if required) or make full payment for the related product or service (whether to us or the affiliate, as the case may be).
Your safety and use of the site
We do our best to keep the site safe and secure, but we cannot and do not guarantee it. We strongly advise you to exercise common sense and reasonable and pragmatic caution when interacting with other members on the site or outside the site having made initial contact through the site. We do not take any responsibility if members are dissatisfied with other members or as a consequence of the level of access you grant to other members to you on the site, or any subsequent interaction with them. We strongly advise you that you should only make personal contact with other members after making voice contact and that any subsequent face-to-face meetings should take place in a safe and open public venue until such time as you are entirely comfortable and satisfied as to your personal safety and security (and well before making or finalising any travel arrangements or bookings if that is the purpose of your interaction). Any complaints about the conduct of other members or evident misrepresentations they have made to you which you feel prejudiced your safety or potentially the safety of others should be forwarded immediately to us at email@example.com and we will investigate the matter and take appropriate action.
You agree not to share your login information with anyone else and not to solicit login information from anyone else or attempt to access another member’s account or profile. If you suspect the security of your login information, member profile or any information contained therein including your password has been breached you must immediately notify us at firstname.lastname@example.org. Furthermore, you should immediately change your password. You should also change your password periodically.
The site is for your personal use only and its use for any commercial purposes is strictly prohibited. Unlawful or unauthorised use of the site, including the collection of member usernames or email/private messaging addresses for any purpose and by any means is strictly prohibited. You must not post unsolicited communications or content advertising, promoting or marketing products, services or businesses through the site, nor post affiliate links or other forms of commercial solicitation. Any such postings may be removed by us without notice and may result in the termination of this agreement and other legal action we consider appropriate. If your content includes the posting of a travel guide, you are required to disclose in your content 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 includes, but is not limited to, any incentive or benefit (actual or prospective) to you or your dependents or extended family, financial or otherwise, which has encouraged or may be perceived by other members to have influenced the impartiality of your content. A practical example would be: should you contribute a travel guide 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 content in a prominent position for the benefit of our members.
You agree not to post or submit any unlawful, harmful, misleading, malicious, defamatory, hateful, threatening, discriminatory, offensive, violent (or designed to incite violence), obscene or blasphemous content or materials on the site nor send any such communications to other members. If you come across any such content or materials on the site or receive any such inappropriate communications through the site or from members, you are at liberty to report any such instances to email@example.com and we will investigate the matter and take action as we consider appropriate.
Although we may review content posted on the site from time to time, we do not accept responsibility for the inappropriate, unauthorised or fraudulent access or use of our site by members, visitors or persons which are contrary to this agreement. By accepting this agreement and using the site which is unregulated for content, you may from time to time come across content that you find offensive. You are at liberty to report any such instances to firstname.lastname@example.org and we will investigate the matter and take action we consider appropriate. We take no responsibility nor are we liable for any content or material posted by members, visitors or persons on the site.
We reserve the right to access all areas of the site.
You are responsible for the acts or omissions of affiliates or other third parties who use your member profile or any information contained therein, whether fraudulent or not. You agree to indemnify us against any claims of this kind. For the avoidance of all doubt, we shall not be liable for if your identity is used by someone else.
We make no representations or warranties, express or implied, regarding the suitability of the site for members or for any products or services displayed on or offered through the site, and all representations, conditions, warranties, terms and conditions whether express or implied by statute, common law or otherwise are excluded to the fullest extent permitted by law.
Should you choose to make any purchases or make any travel or any other arrangements, whether directly or indirectly through the site or otherwise, you do so entirely at your own and personal risk. We are not responsible for the acts or omissions of affiliates or any other third parties.
No party one has authority to make any warranty or representation on our behalf in connection with any products or services whether made directly or indirectly through the site or otherwise. If you come across any such instances please will you contact us at email@example.com and we will investigate the matter and take action we consider appropriate.
Passports, visas and health requirements, insurance
You are solely responsible for the provision of all necessary valid travel and related documents, including visa related requirements and regulations and the length of time it may take to obtain these, and for establishing and complying with all related health and other requirements for any travel you may undertake or arrange as a result of your use of the site or interaction with other members. It is your sole responsibility to ensure all travel related requirements are satisfied.
You should make sure that you are adequately insured when undertaking any travel, to cover against the cost of, but not being limited to; travel cancellation/delay, the cost of personal or medical assistance (including repatriation in the event of accident or illness or death), for loss or damage to personal possessions and money and for personal liability. Insurance does not form part of any arrangements or bookings made directly or indirectly through the site unless you have specifically purchased insurance from an affiliate through the site, in which instance the arrangements are contracted directly between you and the affiliate and are subject to the affiliate’s terms and conditions, limitations and exclusions.
Third party software
The site’s functionality is powered by Drupal™, an open source Content Management System written in PHP which is made available for use under a GNU General Public License. Drupal™ can be downloaded from http://drupal.org. The Drupal™ software only facilitates the site’s functionality and is not responsible for what we allow or disallow as permissible content conduct. For further information about Drupal™, please see: http://drupal.org/about
In order to make full use of the site you may need to download third party software and content which may include additional terms or conditions imposed by these third parties. Any such terms or conditions will be deemed incorporated into this agreement to the extent that you use or download such third party software or content.
We do not take responsibility for the privacy and software settings of any third party software you download or use in connection with the site, including, but not limited to, AddThis (a social sharing widget) and Skype™ as an instant messaging, voice, video or general communication tool.
Offensive or defamatory material
Although we may monitor content from time to time, we do not formally review or monitor any content or material posted on the site; we only act as a host for what is a creative and interactive platform for the sharing and exchange of travel and life experiences between members and as source of inspiration for members. Accordingly, we operate a "notice and takedown" procedure. If you believe the site contains any offensive or defamatory materials, contents or statements please notify us at firstname.lastname@example.org or, where available, clicking on the Report Abuse button appearing alongside member generated content on the site. We will investigate the matter and take action we consider appropriate and should this result in the need to remove any content from the site we will make all reasonable endeavours to do so within a reasonable time.
The information contained on the site is not intended for distribution to, or use by, any person in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any additional registration or compliance related requirements within such jurisdiction or country. Our business, the site, the products and services displayed on the site and other information contained on the site are governed by the applicable laws of England and Wales. No warranties or representations of any kind, express or implied, are given as to the compliance of any of the aforementioned with any laws of any other country.
You are solely responsible for your content and all other communications with us and other members. You represent and warrant that you own your content or have the right to post or submit your content on the site. 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 any 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 associates, 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 this agreement 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 this agreement.
PLEASE READ THIS CONDITION CAREFULLY
This section (and any other clause or section excluding or restricting our liability) applies to us, any of our subsidiaries, parents and associates and affiliates (who may enforce this section under the Contracts (Rights of Third Parties) Act 1999) and each of their directors, officers, employees, agents and subcontractors.
We assume no responsibility for monitoring the site for amongst other things, inappropriate or unlawful content, including but not limited to defamatory content. No content is reviewed by us prior to it being posted by members and your content and other members’ content does not reflect our opinions, views or policies.
While we will use reasonable endeavours to ensure that any inappropriate content is deleted from the site 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 site which is provided without any guarantees, conditions or warranties as to its accuracy or lawfulness. To the extent permitted by law, we 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 site or in connection with the use, inability to use, or results of the use of the site, any websites linked to it and any materials posted on it, including, without limitation, any liability for:
This does not affect our liability for death or personal injury arising from our negligence, or 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.
You agree not to post or submit illegal or prohibited content on the site, including content which:
We assume no responsibility or liability for any content or information posted in contravention of this agreement by any member or visitor.
You agree not to undertake or participate in any illegal or prohibited activities on the site. We reserve the right to investigate and take appropriate action against anyone who, in our sole and absolute discretion, violates this agreement, including reporting that person to the relevant law enforcement and regulatory authorities as we see fit.
Prohibited activities include:
You also agree:
If you become aware of any misuse of the site by anyone please contact us at email@example.com or, where available, by clicking on the Report Abuse button that may appear next to any member generated content on the site. We will investigate the matter and take action we consider appropriate and should this result in the need to remove any content from the site we will make all reasonable endeavours to do so within a reasonable time.
Copyright and trademark ownership and policy
All content and any content downloaded or copied from the site including the design, text, graphics, their selection and arrangement are copyright of the company or its affiliates or its licensors or other members. ALL RIGHTS RESERVED and all moral rights are asserted and reserved.
You are responsible for obeying all applicable copyright laws. The content is proprietary and any unauthorised use of any content may violate copyright, trade mark and other laws.
All trademarks on the site are owned or licensed to the company or its affiliates or named third parties. Any reproduction or use of such trademarks, save as permitted hereby is prohibited and may result in civil and/or criminal liability.
Save as expressly permitted by this agreement no part of the site may be reproduced in any form. Commercial use is not permitted.
The site may contain additional proprietary notices and copyright information, the terms of which must be observed and followed.
Not all trademarks or service marks used by the company or its affiliates are listed on the site. Failure of a mark to appear on the site does not mean that the company or its affiliates do not use the mark, nor does it mean that the related service or product is not actively marketed or that it is insignificant within its relevant market.
You may not post, modify, distribute, or reproduce on the site any material protected by copyright, trademark or other proprietary right belonging to other persons without obtaining their prior written consent.
If you believe content over which you hold a copyright has been copied in a way that constitutes an infringement of your rights please let us know by contacting us at firstname.lastname@example.org or, where available, by clicking on the Report Abuse button that may appear next to any member generated content on the site.
Viruses, hacking and other offences
Whilst we take reasonable attempts to exclude viruses from the site, we cannot guarantee such exclusion and no liability is accepted for viruses. You are recommended to take all appropriate safe guards before downloading any content from the site. No liability is accepted for the contents of any other website operated by a third party that may be accessed via links from the site. Such links are provided for your convenience only and do not imply that we approve or recommend the content of such other websites.
You must not misuse the site 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 site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack the site 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, this agreement will terminate and your right to access to and use of the site 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 site or to your downloading of any material posted on it, or on any website linked to it.
Linking to the site
You may link to the site, provided you do so in a way that is fair and legal and does not damage our or the site’s 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 the site must not be framed on any other website.
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 this agreement.
If you wish to make any use of any content or other material on the site other than as permitted in terms of this agreement, please address your request to email@example.com
Links from the site
Where the site contains links to other websites and resources provided by affiliates or other third parties, these links are provided for your information only. We have no control over the contents of those websites 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 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.
Reliance on contents or information posted
Any content on the site 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 any content by any member or visitor or by any person who may be informed of it.
Changes to the site
We aim to update the site regularly, and may change the site or any of its content at any time. If the need arises, we may suspend access to the site, or close it indefinitely. Any of the content or material on the site may be out of date at any given time, and we are under no obligation to update such content or material.
Our right to delete or edit your content
We may delete or edit your content at any time for any reason whatsoever, 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 your content or to enter into any dialogue with you. Our decision will be final.
This agreement represents the entire agreement between you and Thelma & Louise, meaning that no other terms express or implied apply or govern your relationship with us.
If any of this agreement shall be unenforceable or invalid, then the remainder of this agreement will remain valid and enforceable and shall not be affected.
If we fail to enforce any of this agreement it will not be considered a waiver of any of our rights in terms of this agreement.
A reference to a statute, statutory provision or subordinate legislation is a reference to it as it is in force as at the date of this agreement. A reference to a statute or statutory provision shall include all subordinate legislation made as at the date of this agreement under that statute or statutory provision.
Any words following the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms. Where the context permits, other and otherwise are illustrative and shall not limit the sense of the words preceding them.
A reference to a “person” shall include any individual, company, corporation or other body corporate wherever and however incorporated or established
You will not transfer any or your rights or obligations under this agreement without our prior written consent.
All of our rights and obligations under this agreement are freely assignable by us, including without limitation, in connection with a sale of assets, a merger or combination, an acquisition or by operation of any applicable law or otherwise.
Nothing in this agreement shall prevent us from complying with any applicable law.
This agreement does not confer any third party beneficial rights.
Governing law and jurisdiction
This agreement, your use of the site and any content or material posted to or downloaded or copied from the site, the operation of this agreement and any legal action or proceedings arising between you and ourselves in relation to the site (including non-contractual disputes or claims) shall be governed by and construed in accordance with laws of England and Wales and you agree to the exclusive jurisdiction of the English Courts.
In the event that any term or any part of the terms contained in this agreement shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by law.
If you have a complaint
Subject to this agreement, if you have any reason for complaint or dissatisfaction arising out of your transacting or registration for any products or services whether directly or indirectly through the site, you must in the first instance contact the affiliate in question. We would however also encourage you to then contact us as well at firstname.lastname@example.org and we will, subject to this agreement, endeavour to assist you in dealing with the affiliate. It is important to us that we remain fully aware of any cause for dissatisfaction with affiliates on the site. Likewise if you have a complaint or suggestion about the site itself please contact us at email@example.com.
If you have any queries or comments concerning the operation of the site please contact:
Thelma and Louise Club Limited (company number 4863137)
Portsmouth Hants PO2 8FA,
VAT No: 846 7434 95
Copyright © 2013 Thelma and Louise Club Limited. ALL RIGHTS RESERVED.