Terms and Conditions

Out of Ideas Ltd

www.outofideas.net is operated by Out of Ideas Limited, registered office:
31 Snowbell Rd, Kingsnorth, Ashford, Kent, TN23 3NF.

Users are asked to familiarise themselves with the terms and conditions of this site before use. BY USING THIS SITE YOU ARE EXPLICITLY AGREEING TO THE TERMS AND CONDITIONS SET OUT HEREIN.

Disclaimer and limitation of liability

YOU UNDERSTAND AND AGREE THAT THIS SITE AND ITS CONTENT, INFORMATION, SERVICES, AND MATERIALS ARE PROVIDED ON AN AS SEEN BASIS. YOU EXPRESSLY AGREE TO THE TERMS AND CONDITIONS SET OUT HEREIN AND THAT USE OF THIS SITE IS AT YOUR OWN RISK.

UNDER ALL CURRENT AND APPLICABLE LAW, OUT OF IDEAS LTD DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  INFORMATION PROVIDED BY THIS SITE, BY ANY OF ITS AFFILIATED SITES, DIRECTORS, EMPLOYEES, AGENTS OR SPONSORS DO NOT CREATE A WARRANTY.  OUT OF IDEAS LTD DOES NOT REPRESENT THAT ANY CONTENT ON THIS SITE IS SUITABLE FOR ANY PURPOSE AND THERE SHOULD BE NO RELIANCE ON ANY ADVICE OR CONTENT GIVEN HERE.

BY USING THIS SITE YOU AGREE THAT ANY INFORMATION OR DATA TAKEN OR DOWNLOADED FROM THIS SITE IS AT YOUR OWN RISK.  YOU CONFIRM THAT YOU UNDERSTAND THAT YOU WILL BE SOLEY RESPONSIBLE FOR ANY LOSS OF INCOME, PROFITS, CONTRACTS, ANY DAMAGE TO BUSINESS, ANY DAMAGE TO COMPUTER SYSTEMS OR SERVERS.  YOU WILL FURTHER BE SOLEY RESPONSIBLE FOR ANY LOSS OF DATA AND/OR SOFTWARE THAT RESULTS FROM DOWNLOADING OR USING SITE CONTENT.

USERS ACKNOWLEDGE THAT OUT OF IDEAS LTD IS NOT RESPONSIBLE AND HAS NO CONTROL OVER INFORMATION, SERVICES OR PRODUCTS OFFERED BY THIRD PARTIES ACCESSED THROUGH THIS SITE.  OUT OF IDEAS LTD ACCEPTS NO RESPONSIBILITY FOR THE TRUTHFULNESS, RELIABILITY, USEFULNESS, PRODUCTS OR ADVICE OFFERED BY THIRD PARTIES THROUGH THIS SITE.

NEITHER OUT OF IDEAS LTD NOR ANY THIRD PARTIES PROVIDING SITE CONTENT MAKE ANY WARRANTY THAT THE SITE OR ITS CONTENT WILL MEET ANY REQUIREMENTS OR PURPOSE.  OUT OF IDEAS LTD MAKES NO WARRANTY THAT THE SITE WILL BE FREE FROM ERRORS, THAT CONTENT WILL BE CONTINUOUS OR THAT THE SITE WILL BE SECURE.  OUT OF IDEAS LTD DOES NOT MAKE ANY WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT ANY INFORMATION PROVIDED BY EMAIL OR OTHER MEDIA IS ACCURATE, RELIABLE, ERROR-FREE OR CURRENT.  OUT OF IDEAS LTD DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS DRAWN FROM ANY CONTENT TAKEN FROM THIS SITE.

OUT OF IDEAS LTD TAKES NO RESPONSIBILTY FOR DAMAGES SUFFERED BY ANY USER WITH REGARD TO NON-RECEIPT OF EMAIL OR CONTENT, INABILITY TO READ DATA, SYSTEM ERRORS, CORRUPTION OF FILES, OR INTERRUPTIONS CAUSED BY NEGLIGENCE ON THE PART OF OUT OF IDEAS LTD OR ANY AGENCIES ASSOCIATED WITH US, DIRECTORS, EMPLOYEES OR OTHER USERS’ ERRORS.

OUT OF IDEAS LTD DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEBSITE WILL BE MAINTAINED.

NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT THE STATUTORY RIGHTS OF ANY USER OR RESTRICT ANY LIABIITY FOR DEATH OR PERSONAL INJURY ARISING FROM NEGLIGENCE OR FRAUD OF OUT OF IDEAS LTD.

Site Use

Changes may be made to these terms and conditions at any time and users should review this section regularly.  Your use of this site is your explicit agreement to the terms and conditions contained herein at the time of site usage.

Users may print out site content for their personal use and strictly not for any commercial use.  You may not use the content displayed here for any other purpose, you may not reproduce, re-publish or display the content without obtaining permission from Out of Ideas Ltd.  Any material printed from the site must include the following at the bottom: © 2010, Out of Ideas Ltd.  To discuss how to acquire permission please contact: [email protected]

Business Development

Business Development, Out of Ideas Ltd, 31 Snowbell Road, park Farm, Ashford, Kent. TN23 3NF

Email: [email protected]

Any Out of Ideas Ltd logos, text, trademarks, content, images, and any other design features are owned by Out of Ideas Ltd.  Should any third parties be interested in using content from the site they must obtain permission from Out of Ideas Ltd using the above contact details.

By using this site you agree that your behaviour will not breach any contract with other parties and will not contradict any law.  You agree to indemnify Out of Ideas Ltd against any liability to another party caused by your use of the site.  You affirm that you are over 18 and are thereby legally able to enter into this contract of use of the site.

Third party links

Users will not be charged for the general use of this site, nor for the uploading of site content to it.  However, if you leave the site via a third party link we can no longer guarantee that you will not be charged for any services or content provided on their website.  Advertisements and links to third party sites, including sponsored links, are not controlled by Out of Ideas Ltd and we are not responsible for the content of sites and their services entered via our site.  We make every effort to ensure our sponsors are useful and relevant to our users, however, Out of Ideas Ltd makes no representation of endorsement of affiliation with the linked site unless explicitly expressed.

Uploading content

Users are asked to be aware that the uploading of content does not guarantee its display on the site. Non-display can constitute a number of reasons, including content quality, content suitability, content repetition, and site content saturation. The displaying of ideas on the site is at the sole discretion of Out of Ideas Ltd and is non-negotiable.  Out of Ideas Ltd similarly reserves the right to modify the number of search fields attributed to an idea.  In order to optimise and improve the relevance of the search results, we may modify any categories or tags at our sole discretion.  We also reserve the right to modify description text and reserve the right not to display any content that is deemed inappropriate.

Where feedback on a non-displayed or modified idea is requested we will do our best to provide you with guidance on how to gain idea exposure.  However, Out of Ideas Ltd does not enter into any contract with its users in which it is required to justify its decisions regarding the displaying of content or images.

Non-members may be able to add content via Out of Ideas Ltd surveys conducted periodically as part of our marketing research.

Out of Ideas Ltd takes measures to ensure that the content uploaded to the site is of a ‘family friendly’ nature, is relevant to gift buying, and is as helpful as possible to our users.  Members can upload gift ideas as well as review ideas submitted by other users.  There is also a message board facility which allows users to interact and discuss their ideas.

Out of Ideas Ltd has no obligation to monitor site content, however, we will do our best to promptly remove any content which is inappropriate.  In using this site you acknowledge that you may be exposed to content that may offend you.  Under no circumstances is Out of Ideas Ltd responsible or liable for content uploaded by its users.

Out of Ideas Ltd reserves the right to remove any user generated content at its sole discretion.  Should users abuse the facility provided by Out of Ideas Ltd to share and discuss ideas, appropriate action will be taken, including exclusion from the site, termination of membership, and, where necessary, legal action.

Out of Ideas Ltd also reserves the right to restrict your activities on this site if your usage is deemed detrimental to the quality of the content or the technical health of the site.   We will also cancel accounts that have been dormant for a sustained period of time in order to ensure our user database is up to date.  You agree not to hold Out of Ideas Ltd responsible should the restriction of your activities or termination of your membership mean that you incur any loss.  Where possible we will issue you with notification before terminating your membership.

For more information about the storage of your personal data, please refer to our Privacy policy.

Uploading a photograph or image

Out of Ideas Ltd accepts no ownership for, or association with, any images uploaded by users of our site.  We do not endorse the content of any of the photographs or products to which they relate.

The user uploading to the site is fully responsible for the images or photographs they post.

Users are asked to only upload pictures THEY HAVE OWNERSHIP OF in order to avoid infringing on copyright, brand trademarks, promotional material, logos, or material owned by other sites and companies.

Out of Ideas Ltd will take measures to ensure that site content is suitable for all website users and will terminate the membership of any user who uploads images that are violent, pornographic, distasteful, offensive or illegal.  Where necessary, legal action will be taken against the user.

All photographs uploaded must be relevant to site content and should act as a helpful visual reference to the gift idea.  Any photographs that are not deemed relevant will be taken down by site administration.

Users are asked to ensure that all files uploaded are free from viruses and errors.

Checklist:

Before uploading a photograph or image please check that:

  • It is not bigger than 5MB
  • It is in .gif, .jpg, .bmp, or .png format
  • It is not distasteful, pornographic, violent or offensive in any way
  • You are happy to grant Out of Ideas Ltd non-exclusive royalty-free rights to use them and re-display them within the site or for any other promotional or commercial use
  • It does not contain any viruses
  • It is non-copyrighted and non-commercial

By uploading photographs to the site, users are asked to note that they are thereby granting Out of Ideas Ltd the right to copy, display and re-display the photographs as we wish.  Content may therefore be used for promotional or advertising purposes without your permission.

Inappropriate usage of site

Includes, but is not limited to:

  • uploading of any distasteful, pornographic, violent or offensive content
  • uploading of content that deliberately offends or harasses any other user
  • uploading of content that contains viruses
  • uploading of chain mail or spam
  • uploading of content not owned by you – for example content protected by copyright
  • uploading of illegal or potentially libellous content
  • uploading of content with hidden links or where the source is disguised
  • uploading content with websites that are not relevant, or that include covert promotional/advertising links, or are designed for any other commercial or transactional use
  • uploading content that impersonates another person or organisation, or misrepresents your affiliation with another person
  • uploading content that discusses illegal activity or encourages illegal activity
  • uploading content that damages a third party in some way; including users and non-users of the site
  • copying or distributing site content
  • collecting and retaining personal details about other Users

In uploading content to the site, users are asked to note that they are thereby granting Out of Ideas Ltd the royalty-free right to copy, display and re-display all content as we wish.  Content may therefore be used for promotional or advertising purposes via any media without your permission.

Users with an objection to any content uploaded to the site, including concerns over violations of copyright, please contact [email protected].  Out of Ideas Ltd aims to take down illegal content as quickly as possible, but please allow time for the detection and elimination of inappropriate content.

Users are asked to remember that www.outofideas.net is a user-generated library of ideas.  Out of Ideas Ltd takes no responsibility for the accuracy, usefulness or existence of any gift idea uploaded.  Users upload content on good faith that other users will be able to use their ideas.  However, this does not mean that other users are guaranteed to be able to locate or purchase any product or reproduce any experience displayed on the site.  Out of Ideas Ltd accepts no liability for any ideas that are proved inaccurate or non-existent.

Fake idea uploads and spam

We take fake uploads very seriously and go to great lengths to detect users who exploit this site to gain free exposure for their product(s).  We will not tolerate any uploads that threaten the integrity, usefulness or relevance of the site’s content.  Any user found to be uploading gift ideas or star rating gift ideas in order to advertise or promote their products will have their membership terminated.

If you are an advertiser interested in learning more about sponsorship on the site, there are some excellent ways in which Out of Ideas Ltd can help both big and small businesses reach their target audience.  Please contact [email protected] for more details, or go to Advertise with us.

Use of messaging boards

Users can review and comment on another user’s idea by using the messaging board facility located under each idea posted.  Users can use these boards to discuss gift ideas, offer support to other members requiring guidance in their gift buying, or discuss gift buying experiences.  You must be a registered member of the site in order to post on the message boards.

You agree that you will only post messages that specifically relate to the idea posted.  You agree that forum discussions will centre on the subject of gifts.

Inappropriate use of the message board and forum facilities includes, but is not limited to:

  • comments that are not relevant to either the topic of gift buying or the Out of Ideas website
  • comments that abuse, harass or intimidate another person or group of people
  • comments that abuse, harass or intimidate our members
  • comments that threaten or incite violence against another person or group of people
  • comments that incite religious or racial hatred, or that promote hatred towards any person or group
  • comments that are defamatory or libellous
  • comments or uploads that include hidden links, hidden pages or covert advertising
  • comments or uploads that contain promotional material or advertising of any kind
  • comments or uploads that that spread chain mail or spam of any kind
  • comments that misrepresent your user identity
  • comments that are distasteful, pornographic, violent or offensive, or that promote illegal activity
  • comments that are misleading or untrue
  • comments that encourage others to commit an offence that is against criminal or civil law
  • comments that violate the rights of another person or group

Out of Ideas Ltd has no obligation to monitor site content, however, we will do our best to promptly remove any content which is inappropriate.  In using this site you acknowledge that you may be exposed to content that may offend you.  Under no circumstances is Out of Ideas Ltd responsible or liable for content uploaded by its users.

Out of Ideas Ltd reserves the right to remove any content from message boards and forums at its sole discretion.  We also reserve the right to terminate the membership of any user found to abuse these facilities and to take legal action where necessary.

Users with an objection to any content uploaded to the site, including concerns over violations of copyright, please contact [email protected].  Out of Ideas Ltd aims to take down illegal content as quickly as possible, but please allow time for the detection and elimination of inappropriate content.

In uploading content to the message boards, users are asked to note that they are thereby granting Out of Ideas Ltd the royalty-free right to copy, display and re-display all content as we wish.  Content may therefore be used for promotional or advertising purposes via any media without your permission.

You may not copy or redistribute any content uploaded to the site by our users or sponsors, unless you have sought express permission from that party to do so.  Out of Ideas Ltd takes no responsibility for any disputes or claims that arise between two third parties where material has been republished without consent.

General information

Out of Ideas Ltd reserves the right to modify or discontinue services at our discretion and without prior notice.  By using this site you agree that Out of Ideas Ltd will not be liable to you or any other user or third party for any changes or discontinuation of service made to the site.

In using this site, becoming a member, and uploading content, You and Out of Ideas Ltd agree that any disputes occurring through your use of this site will be governed by English law.  You agree that any claims made against Out of Ideas Ltd will be made through standard UK court procedures and will take place in the United Kingdom.

In using this site You and Out of Ideas Ltd expressly agree to submit to the exclusive jurisdiction of the English courts.  Any failure on the part of Out of Ideas Ltd to enforce any provision of these terms and conditions shall not dictate an invalidation of such provision.  Should a court of competent jurisdiction find any condition laid out here to be invalid, both parties agree that the court should attempt to reflect each parties’ intentions whilst ensuring that the other provisions made in the terms and conditions continue to have full effect and validation.

In using this site, you do so in accordance with the terms and conditions set out herein.  Should you breach this Agreement, or any applicable law, you agree to compensate Out of Ideas Ltd and any subsidiaries, staff, third parties or agents for any losses we incur.  This includes any legal fees.

Out of Ideas Ltd shall have the sole and exclusive rights to amend these Terms and Conditions.  If any changes are made to this document they will take effect 30 days after they have been amended on the site.  We may also notify you by posting a message on the site or by emailing you.

You agree that no partnership or affiliation exists between you and Out of Ideas Ltd as a result of these terms and conditions.

If you still require further information please email us at [email protected].