Our Man On The Ground Terms & Conditions
The following definitions apply in these terms and conditions:
Contributors means anyone who has registered to provide Your Content
Guides means any written guidance given on the website as to what to do or see in a city, town or place
Members means browsers of the Website
Reviews means the recommendation and provision of a written summary of a hotel, restaurant, bar, pub, activity or place of interest
Your Content means any Reviews, Guides, comments, files, images, photos, profiles (including your name, image, likeness and any personal information), notes, information, video, images and any other content that you upload publish or display on the Website or share with other users of the Website
These terms and conditions apply equally to Contributors and Members. 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.
3. Registration and Eligibility
This Website is for use only by persons who are eighteen (18) years of age or older. 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;
you will keep your username and password confidential and will not provide these to any third party nor permit any third party to use your details to access your account;
that your use of the Website does not violate any applicable laws; and
that you agree to abide by these terms and conditions.
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 may at any time, in our reasonable discretion, suspend, restrict, terminate or deny you access to the Website, terminate this agreement, withdraw your registration as a Member or a Contributor, remove your profile from the Member/Contributor section of the Website as appropriate and remove any of Your Content that you have posted or otherwise made available on the Website.
The termination of your access to the Website and/or termination of this agreement shall not affect the continuation of those terms and conditions which by their nature survive termination, specifically to include the sections headed 'Warranties' and 'Indemnity'.
6. Accessing The Website
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.
7. Commercial Use
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.
8. Ownership of Your Content
You are solely responsible for Your Content. 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.
Before your Review is deemed to be acceptable for posting on the Website it will be reviewed by the Website’s editorial moderators. Whether or not updated material is posted on the Website is at the editorial moderator’s discretion. The editorial moderator’s decision is final and it does not have to provide an explanation for its decision.
We may, in our absolute discretion, delete, edit or remove (without prior notice) any of Your Content without needing to provide a reason. 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.
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 absolute owner of the intellectual property rights in Your Content;
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.
breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
contain any content which is prohibited (please see Content Which Is Prohibited section below).
You grant to us a non-exclusive, permanent, irrevocable, free of charge, sub-licensable, worldwide licence to use Your Content in any way we want (including modifying it) anywhere in the world.
9. Proprietary Rights over Content
Any and all intellectual property rights in relation to the Website including Reviews, comments, guides, files, images, photos or any other material (Our Content) 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.
You may print off one copy, and may download extracts, of any page(s) from the Website for your personal reference, but 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 Our Content must always be acknowledged.
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 that you abide by these terms and conditions. This 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.
10. Moderation of Reviews
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.
11. Our Liability
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 Reviews and Guides reviewed by our editorial moderators 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 reasonable efforts 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 in connection with your use of the Website or Our Content. To the extent permitted by law and if you are a business, 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:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
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, 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.
12. Content Which Is Prohibited
The following is a non exhaustive list of content that is illegal or prohibited on the Website. We reserve the right to amend this list at any time:
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 obscene, lewd, violent, harassing, sexually explicit or otherwise objectionable 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; 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;
private information that an individual might not want revealed;
never post any information about yourself on the OMOTG website (or the Internet in general) that you don't want the world to see.
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.
13. Activity Which Is Prohibited
The following is non-exhaustive list of activity that is illegal or prohibited on the Website. We reserve the right to amend this list at any time. 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:
any part of our Website;
any equipment or network on which our Website is stored;
any software used in the provision of our Website; or
any equipment or network or software owned or used by any third party
14. Copyright Policy
15. Defamatory Material
16. Viruses, Hacking and Other Offences
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.
17. Linking to our Website
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.
If you wish to make any use of material on the Website other than that set out above, please address your request to firstname.lastname@example.org
18. Links from our Website
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.
19. 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.
20. Changes to the Website
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.
21. Third Party Software
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.
22. Entire Agreement
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.
23. Governing Law and Jurisdiction
This agreement shall be governed by and construed in accordance with the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
24. Contacting Our Man On The Ground about these Terms and Conditions:
21 Dorset Square
NW1 6QG, UK
Our Man On The Ground Limited, whose registered office is The Counting House, High Street, Tring, Hertfordshire, HP23 5TE. UK. Registered in England, No: 06798229.