This App is owned, developed and operated by Golden Trident Limited registered in England and Wales. Our registered company number is 08479756, and our registered office is located at Building 3 Chiswick Park 566 Chiswick High Road W4 5YA London. Any questions, issues, concerns, violations or requests should be directly communicated with us regarding this App. For the purpose of this policy ("we, us and our") refers to the aforementioned limited company.
We may update this Agreement at any time. When we do, you may view the most recent version at www.letsgetout.com/terms/. It is your responsibility to review the most recent version of the Agreement frequently and remain informed about any changes to it. By continuing to use our App, you consent to any updates to this Agreement. This version of the Agreement supersedes all earlier versions, and comprises the entire agreement between you and us regarding the App. This agreement was last updated on August 14, 2015.
By accessing or using our App, you accept this Agreement and any modifications that we may make to this Agreement from time to time. If you do not agree to any provision of this Agreement, you must not use the App.
1.1 The letsgetout App gives users variety of tools to facilitate arranging offline, physical and face-to-face meetings or group activities (an "activity" or an "event") which are organised ("Scheduled" or "Hosted") by an organiser (a "Host"). Any user can potentially host an Activity or attend one available to him/her. On opening the App, we will use your approximate geographic location ("Geolocation") retrieved from your mobile device, ISP, cell tower, etc to establish where you are located geographically. Your Geolocation is then used to compile a list of activities, events or offers that are going to happen in your vicinity (we call this "Discovery"). This information will be available to all users without the need to sign up and log in within the App. To view, attend or host an activity the users are required to either sign up with a valid email address or log in via their Facebook social networking account. A user can then browse through activities hosted by other members and attend them. A logged in user can schedule or host an activity by assigning a date, time and a location, then has to describe the activity in a short video recording. Upon uploading the required information for an activity on our platform (we call this "Publishing"), the user automatically becomes the host for such activity and thus responsible for running the activity. An activity or event has a specific time and date as well as a physical location where the host and the attendees will get together to meet up and engage in an activity.
2.1 Our App is only available to all individuals who are at least 18 years of age. Our App is not available to any temporarily or indefinitely suspended users. By registering to use our App, you represent and warrant that you are at least 18 years of age. Additional eligibility requirements for a particular Activity may be set by us or the ("Host"). We have the right, in our sole discretion, to suspend or terminate your use of our App and refuse any and all current or future use of all or any portion of our App.
2.2 We grant you a limited licence to use the App to access and use our services for your own personal and non-commercial use, provided that you comply fully with all our Terms.
2.3 You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our App, including without limitation your participation in or involvement with any Activity and your submission of acceptable Public Information. You also agree to comply with all applicable laws, statutes, ordinances and regulations regarding the transmission of technical data exported from the United Kingdom or the country in which you reside.
2.4 To host or attend an activity, you need to sign up with your email and then verify your account via a link we sent to your email. Alternatively, you can log in via your Facebook social networking account, grant the necessary permissions and privileges and share certain personal information with us. It is important to note that this feature is available to us directly via Facebook software development kit (SDK) provided by Facebook Inc. The Facebook log-in and authentication process is strictly handled outside our App, either within Facebook's own App or website. This means that our App is not involved at all in transferring, storing or processing of your sensitive Facebook account details like your password, nor does we have any access to them. Therefore you agree to read and fully understand all the required information, permissions and privileges before granting them to us. You also accept full responsibility for all liability and damages resulting from your failure to maintain security and confidentiality of your Facebook account that occur through the use of your Facebook account on our App. Additionally, we cannot and will not be liable for any loss or damages arising from your failure to protect your account from being abused or any security breaches arising from vulnerabilities in Facebook SDK or any software outside our App. You also agree to immediately notify us of any unauthorized use of your account or any other breaches of security.
3.1 Public Venues: Through our App we provide tools that enable our users to arrange physical meetings (an "Activity" or event) at venues which are intended to be accessible to the public, which include but are not limited to public places (such as parks, museums, town halls) or private enterprises (such as pubs, clubs, restaurants, coffee shops or retail stores) with the condition that there will be no objection to such gatherings or meetings from the owners, mangers, staff, other members of the public or local and national authorities.
3.2 Hosting: Our App must not be used to host and organise an event in places intended only for private use (such as private homes or private lands). Additionally, hosting an Activity in public must be strictly in accordance with the local governing law and without any objection from any local or national authority. It is the full responsibility of the host and attendees to ensure all the necessary conditions are met for a safe and legal Activity to be organised at the specific time, date or location.
3.3 Attending: You must not attend any activity which is not hosted in a publicly accessible place, such as private homes or private lands or when you have any doubts about the conditions, safety or legality of an Activity. We do not supervise the Activities on our App and are not involved in any way with the actions of any individuals at these Activities. As a result, we have no control over the identity or actions of the individuals who are present at these Activities, and we request that our users exercise caution and good judgement when attending any of the Activities.
3.4 Release: Because we do not supervise or control the Activities or interactions among or between members of Let's Get Out and other persons or companies, and because we are not involved in any way with physical transportation to or from Activities or with the actions of any individuals at these Activities, and because we do not control third party companies (such as transport companies or payment processing companies), and because we cannot guarantee the true identity, age, nationality of App users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the App, you agree that you bear all the risks and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and Organizers and Creators or Hosts from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the App, your Third Party Transactions, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at, an Activity. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
4.1. Definition: "Your Information" is defined as any data or other material you provide (directly or indirectly), including through the signing up process, hosting or attending an activity anywhere, or through the general use of our App, in any public message board or through email. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of your Public Information (as defined below). Any of Your Information that, through the use of our App or otherwise, you submit or make available for inclusion on publicly accessible areas of our website or App is referred to as "Public Information" (your name ,picture, comments and any information about activities associated with you that you hosted or attended are considered Public Information); any other portion of Your Information shall be referred to as "Private Information." "Publicly accessible" areas of our App are those areas that are available either to some or all of our members (i.e., not restricted to your viewing only) or to the general public. You should understand that your Public Information may be accessible by and made public through syndication programs (including data feed tools) and by search engines, metasearch tools, crawlers, metacrawlers and other similar programs.
4.2. Restrictions: In consideration of your use of our App, you agree that Your Information:
In addition, you agree that you will provide us with your valid, current email address, both at the time of your registration with us and from time to time as your email address changes.
5.1 Control: You, and not us, are entirely responsible for all of your Public Information that you upload, post, email, transmit or otherwise make available via our App. We do not control your Public Information or the Public Information of or posted by other users and do not guarantee the accuracy, integrity or quality of Your Information or the Information of or posted by other users. Nor do we endorse any opinions expressed by you or other users. You understand that by using our App, you may be exposed to information that is offensive, indecent or objectionable. We do not have any obligation to monitor, nor do we take responsibility for, Your Information, Public Information or information of or posted by other users. You agree that under no circumstances will the App owner and developer ("Golden Trident Limited"), its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way for any information, including, but not limited to, for any errors or omissions in Your Information or the Information of or posted by other users, or for any loss or damage of any kind incurred as a result of the use of Your Information or Information of or posted by other users posted, emailed, transmitted or otherwise made available in connection with our App, or for any failure to correct or remove information.
5.2 Grounds for Removal, Sanction and/or Suspension: Notwithstanding any other provision of this Agreement, the following types of actions are cause for immediate removal, repeal and/or suspension or termination of your account:
Also, your posting of other inappropriate actions, Public Information or other materials may also warrant removal and/or suspension from our website/App. we reserves the right to remove any post or other material without warning or further notice. While we prohibit such conduct and content, you understand and agree that you nonetheless may be exposed to such conduct or content and that you use the App and attend Activities at your own risk. For purposes of this Agreement, "posting" includes uploading, posting, emailing, transmitting or otherwise making available. Without limiting the foregoing, Let's Get Out and its designees shall have the right to remove any Public Information or other material that violates this Agreement or is otherwise objectionable.
5.3 Interference with the App:
You agree that you will not:
5.4 General Practices Regarding Use of the App: You acknowledge and agree that we may establish general practices and limits concerning the use of our App. You agree that we have no responsibility or liability for the storage or the deletion of, or the failure to store or delete, any of Your Information. You acknowledge that we reserve the right to log off and block users who are inactive for an extended period of time. In addition, you acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
Your correspondence or business dealings with, or participation in promotions of, sponsors, marketing partners or other third parties found on our website or through our App, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such marketing partner or other third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such marketing partners or other third parties on our website or located through the use of our App.
We may provide, or third parties may provide, links to other websites or resources. Because we have no control over such websites or resources, you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You also acknowledge and agree that letsgetout shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resource.
You agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of your representations and warranties or this Agreement or the documents it incorporates by reference, your use of our App, Your Information, your violation of any law, statute, ordinance or regulation or the rights of a third party, your participation in any Activity, gathering, meeting or your participation as an Host or an attendee (whether the claim or demand is due to or arising out of your transportation to or from, attendance at, or the actions of you or other users at any Activity or meetings). Without limiting the foregoing, you, as a Host, agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any Let's Get Out member or third party due to or arising out of your actions as a Host, including your use of any money paid to you by members of any Activity on our App.
10.1 Disclaimer of Warranties: Your use of our App is at your sole risk. Our App is provided to you "as is" and on an "as available" basis. We specifically disclaim all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We disclaim any warranties regarding the security, reliability, timeliness, and performance of our App. We disclaim any warranties for any information or advice obtained through our App. We disclaim any warranties for services or goods received through or advertised on our App or received through any links provided by our App, as well as for any information or advice received through any links provided through our App. In addition, no advice or information (oral or written) obtained by you from us shall create any warranty. You understand and agree that you view, download or otherwise obtain material or data through the use of our App at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.
10.2 Limitation of Liability: You agree that in no event shall Let's Get Out be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Let's Get Out has been advised of the possibility of such damages), arising out of or in connection with our App or this Agreement or the inability to use our App (however arising, including negligence), arising out of or in connection with Third Party Transactions or arising out of or in connection with your use of our App or transportation to or from Activities, gatherings and events, attendance at Activities, gatherings and events, participation in or exclusion from Activities, gatherings and events and the actions of you or others at Activities, gatherings and events. Our liability to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees, if any, you pay to us in the twelve (12) months prior to the action giving rise to liability, and (b) £100.
10.3 Exclusions: Some jurisdictions do not allow the exclusion or limitation of certain warranties or of incidental or consequential damages. Accordingly, some of the limitations in this Section 10 may not apply to you.
11.1 Process: The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement including the documents it incorporates by reference, your use of our App, Your Information, your violation of any law or the rights of a third party, or your participation in letsgetout Activities (whether the dispute, claim or controversy is due to or arising out of your transportation to or from, attendance at, or the actions of you or other users at letsgetout Activities).
11.2 Negotiation Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within twenty (20) business days with a statement of its position on and recommended solution to the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet in person or otherwise at a mutually agreeable time and place within forty (40) business days of the date of the initial notice in order to exchange relevant information and perspectives, and to attempt to resolve the dispute.
11.3 Notice; Waiver: By agreeing to this Agreement you have, except as otherwise specified in Section 10.1, all disputes, claims or controversies arising out of or relating to this Agreement decided by negotiation, neutral mediation and/or neutral arbitration as provided in this Section 10, and you are giving up any rights you might possess to have those matters litigated in a court or jury trial. Also, by agreeing to this Agreement you are giving up your judicial rights to discovery and appeal except to the extent that they are specifically provided for under this Agreement. If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under law. Your agreement to this arbitration provision is voluntary.
11.4 Dispute Resolution By letsgetout for the Benefit of Users: We may try to help letsgetout members resolve disputes. We do so in our sole discretion, and we have no obligation to try to resolve disputes between users. To the extent we attempt to resolve disputes, we will do so in good faith based solely on the general rules and standards of the App, and we will not make judgements regarding legal issues or claims.
We reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of our App with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of our App.
You agree that we, in our sole discretion, may issue a warning, temporarily suspend, indefinitely suspend, remove content or information you have posted, or terminate your account your status as a particular letsgetout member, or your ability to use all or any portion of our App (including any APIs), for any reason, including, without limitation, (a) for lack of use, (b) if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the documents or agreements it incorporates by reference, (c) if we are unable to verify or authenticate any information you provide to us, or (d) if we believe that your actions may cause legal liability for you, our users or us. You agree that any termination of your account or access to all or any portion of the App under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our App. You also agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion of the App. Termination or suspension of your use of our App in violation of Section 4.2 will not result in refunds of membership fees paid, if any, and you will forfeit the remaining period of your paid membership, if any.
14.1 Golden Trident Limited's Trademarks: letsgetout and letsgetout.com are registered trademarks owned by Golden Trident Limited in the United Kingdom. Any other service marks, and other letsgetout logos, products and service names, are trademarks of Golden Trident Limited. (the "letsgetout Trademarks"). Except as otherwise permitted by law, you agree not to display or use in any manner the letsgetout Trademarks without letsgetout's prior written consent.
14.2 Copyrights and Trademarks of Others: letsgetout respects the intellectual property of others, and we ask our users to do the same. To the extent letsgetout uses a trademark that is the property of a third party, letsgetout shall provide clear notice to anyone viewing letsgetout's use of that trademark that (a) letsgetout does not own the trademark and that the trademark is the property of a third party, (b) letsgetout has no affiliation, connection or association with that third party, and (c) if applicable, that third party has not approved or sponsored letsgetout's use of the trademark in any way. We may, in appropriate circumstances and in our discretion, remove, or disable access to, material that infringes on the rights of others, and terminate access to our App to those who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information: 1.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2.a description of the copyrighted work or other intellectual property that you claim has been infringed; 3.a description of where the material that you claim is infringing is located on the site; 4.your address, telephone number, and email address; 5.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6.a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the disputed use is not authorized by the copyright owner, its agent, or the law; 6.a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: By mail: Golden Trident Limited, Building 3 Chiswick Park 566 Chiswick High Road W4 5YA London, United Kingdom. or electronically at http://www.goldentrident.com/contact/
14.3 Proprietary Rights: You acknowledge and agree that our App contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You also acknowledge and agree that content contained in sponsor advertisements or information presented to you through our App or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as consented to by letsgetout or advertisers in writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our App, in whole or in part.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of letsgetout's App, use of the website, or access to the App for any sales of goods or services, or promotion of a company, good, or service unrelated to the topic or spirit or the letsgetout activities or letsgetout Everywhere.
16.1 Notices: Except as otherwise stated in this Agreement or as expressly required by local law, any notice to us shall be given by certified postal mail to Golden Trident Limited, Building 3 Chiswick Park 566 Chiswick High Road W4 5YA London or electronically at http://www.goldentrident.com/contact, and any notice to you shall be given to the email address that you provided us during the signing up process. Notice shall be considered given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice given by postal mail shall be considered given three (3) days after the date of mailing.
16.2 Entire Agreement: This Agreement constitutes the entire agreement between you and letsgetout, superseding any prior agreements between you and letsgetout. To the extent that you have previously registered with letsgetout and provided Your Information, this Agreement now governs how letsgetout may use Your Information, whether provided in the past or the future.
16.3 No Agency: No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and letsgetout is intended or created by this Agreement.
16.5 Assignment: You agree that this Agreement, all rights herein, and all incorporated agreements may be automatically assigned by letsgetout, in our sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of letsgetout's assets, or similar transaction.
16.6 No Guaranty: We do not guarantee continuous, uninterrupted or secure access to our App, and operation of our website may be interfered with by numerous factors outside of our control.
16.7 No Waiver: letsgetout's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches.
16.8 Severance If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and letsgetout nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.
16.9 Survival Sections 2.2 (License), 3.4 (Release), 5.4 (Interference with the App), 9 (Indemnity), 10 (Warranties; Liabilities), 11 (Dispute Resolution) and 16.4 (Governing Law) shall survive any termination or expiration of this Agreement.
16.10 Limitation You and letsgetout each agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of our App or this Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.
16.11 Titles: The section titles in this Agreement are for convenience only and have no legal or contractual effect.
The App offered under this Agreement is developed and owned by 'Golden Trident Limited' registered in England and Wales, UK. Please report any violations of this Agreement by sending a notice of the violation to the Secretary of Golden Trident Limited by postal mail or electronically, as follows:
Golden Trident Limited,
Building 3 Chiswick Park 566 Chiswick High Road
W4 5YA London, United Kingdom
or electronically at http://www.goldentrident.com/contact
By downloading or using "Let's Get Out" App, you are agreeing that you have read and understand this Agreement and agree to all of the terms of this Agreement, including Section 11 which provides that, except as otherwise specified in Section 11.1, all disputes, claims or controversies arising out of or relating to this Agreement shall first be dealt with through negotiation and mediation and if the dispute is not resolved shall then be submitted to binding, neutral arbitration.