Acceptance of Terms
- The following are terms on which “Gazing and Grazing” offers you access to the information, links, products, services, compilations, images, text, graphics, photographs, messages and other materials offered, supplied, provided and/or delivered (the “Services”) by “Gazing and Grazing” located at www.gazeandgraze.com (the “Site”), from time to time for your personal use but solely for the lawful and permitted purposes described below.
Disclaimers & Indemnities
- All Services and the Site are provided on an “AS IS WHERE IS” basis. You hereby agree that your use of any and all Services and/or the Site shall be at your own risk. “Gazing and Grazing” makes no representation or warranty, whether express or implied (to the maximum extent permitted by law):
(a) as to the use, accuracy, reliability, non-infringement, satisfactory quality or fitness for any particular purpose of the Site; or
(b) that the use of the Site will be uninterrupted and free of any error, delays, omissions, computer viruses or worms, “Trojan Horses”, bugs or other destructive materials.
- The disclaimer of liability in Clause 4 applies to any and all damage or injury which is caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer viruses or worms, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. You specifically acknowledge that “Gazing and Grazing” is not liable for the derogatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing lies entirely with you.
- “Gazing and Grazing” does not warrant that the Site will be error-free. There may be omissions, mistakes and inaccuracies in the information or other materials available through the Site. “Gazing and Grazing” does not make any representations, nor does it endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material on the Site or available though the links displayed on the Site. “Gazing and Grazing” reserves the right to correct any errors or omissions on the Site.
- “Gazing and Grazing” does not make any representations and/or warranties, whether express or implied, regarding the merchantability and fitness for a particular purpose, with respect to the Site or any information or Services that are available or advertised or sold through the Site.
- By listing information relevant to travel to particular international destinations, “Gazing and Grazing” does not represent or warrant that travel to such destinations is advisable or without risk, and is not liable for any harm, damages or losses which may result from travel to such destinations.
- “Gazing and Grazing” may, as a convenience to users, provide links to third party content, services and other websites on or through the Site and Services provided. “Gazing and Grazing” does not accept any responsibility for such material and is not responsible for the content or privacy practices of any such linked third party content or sites. You are strongly advised to make your own independent judgment regarding your interaction with these third party sites or services. The inclusion of advertisements for, or links to, a third party site or service does not constitute an endorsement, save where expressly stated otherwise.
Permitted Use of the Site and the Services
Prohibitions on the Use of “Gazing and Grazing”
- In accessing and using the Site and the Services, you agree not to:
(a) use any software, program, device, or manual process to access, monitor or copy any content or information from the Site and/or the Services;
(b) use any software, program, device or method to interfere or attempt to interfere with the proper functioning or, display of any or any part of the Site and/or the Services;
(c) do anything which could or would damage, disable, overburden, impair or impose an unreasonable or disproportionately large load on any part of the Site’s infrastructure including but not limited to its servers or any or any part of the Site and/or the Services;
(d) do anything which could or would frustrate, restrict or inhibit the ability of other users to access or use any or any part of the Site and/or the Services;
(e) violate the restrictions the Site or bypass or circumvent any other measures which may be employed to prevent or limit access to the Site and/or the Services;
(f) deep-link to any portion or specific area of the Site for any purpose without “Gazing and Grazing” prior written permission;
(g) copy, mirror, or otherwise incorporate any part of the Site into any other website without “Gazing and Grazing” prior written permission;
(h) make use of any or any part of the Site and/or the Services for the purposes of sending out unsolicited e-mails;
(i) harvest or otherwise collect information about others, including e-mail addresses without their consent;
(j) post advertisements or solicitations of business other than those explicitly approved by “Gazing and Grazing” or
(k) use any or any part of the Site and/or the Services in any way that could or would:
(i) violate, or that will or could result in “Gazing and Grazing” violating, any law, statute, ordinance or regulation or code of practice, direction, order, or guideline issued by any regulatory authority;
(ii) cause any form of loss or damage to “Gazing and Grazing” or any third party (including, without limitation, loss of reputation and goodwill); or
(iii) create any liability for “Gazing and Grazing” to lose (in whole or in part) the services of any Internet or telecommunication service provider or any other supplier of products and/or services.
- All content and materials on the Site and/or provided as part of the Services are the exclusive property of “Gazing and Grazing” or its content suppliers, and such content and material may only be downloaded or printed for your own personal and non-commercial use except where prior written consent had been obtained from “Gazing and Grazing”.
- The names, trade marks, service marks and logos (the “Trade Marks”) displayed on the Site are registered or unregistered Trade Marks of “Gazing and Grazing”, its affiliates or licensors. Nothing on this Site should be construed as granting by implication, estoppel or otherwise, any license or right to use any such Trade Marks.
- “Gazing and Grazing” allows you to submit materials, information, articles, photographs, text, graphics, audio and/or visual content (“Viewer’s Submissions”) to the Site. You are solely responsible for the content of your Viewer’s Submissions and for any liability that may attach to the posting of such submissions on “Gazing and Grazing”. “Gazing and Grazing” takes no responsibility and assumes no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto.
- By posting, uploading, adding, communicating or otherwise transmitting your Viewer’s Submissions to “Gazing and Grazing”, you thereby grant “Gazing and Grazing” a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Viewer’s Submissions in whole or in part, on a worldwide basis, and to incorporate them in other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. You confirm and warrant that you have the required authority to grant the above license to “Gazing and Grazing”.
- You acknowledge that “Gazing and Grazing” is not required to but may choose to provide attribution of your Viewer’s Submissions at its sole and absolute discretion.
Viewer’s Submissions Policy
- You hereby undertake that your Viewer’s Submissions which may be uploaded onto the Site:
(a) shall not infringe on the copyright, trademark, patent, trade secret or other proprietary rights or right of any third party;
(b) shall not be false, misleading, libelous, defamatory, abusive, hateful, offensive or unlawfully threatening;
(c) shall not be obscene indecent, lewd, suggestive, sexually explicit or contain child pornography or anything adult in nature or harmful to minors;
(d) shall not violate any law, statute or regulation;
(e) degrades others on the basis of gender, race, ethnicity, national origin, religion, sexual preference, disability or any other classification;
(f) shall not contain any viruses, Trojan horses, worms, viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information from the Site;
(g) shall not contain the private information of any third party (including but not limited to phone numbers, email addresses and credit card numbers) without the relevant third party’s prior consent;
(h) shall not create liability for “Gazing and Grazing” or cause “Gazing and Grazing” to lose (in whole or in part) the services of [Lorraine’s Blog]’s Internet Service Provider(s) or other suppliers. Furthermore, you may not submit any Viewer’s Submissions that could cause “Gazing and Grazing” to violate any applicable law, statute or regulation; or
(i) shall not be otherwise objectionable or inappropriate in the sole and absolute discretion of “Gazing and Grazing”.
- If you have any complaints or objections to the material or content including Viewer’s Submissions posted on the Site, please contact “Gazing and Grazing” immediately. “Gazing and Grazing” will make all reasonable endeavors to remove illegal or inappropriate content, where relevant.
Legality of Electronic Communications
- You hereby agree and acknowledge:
(a) that all electronic communications made pursuant to the use of this Site shall be given legal effect, validity and enforceability and shall have, between the parties thereto, comparable evidential value to that accorded to a signed written document;
(b) not to contest the legally binding nature, validity or enforceability of any transaction on the Site on the ground that it was entered into electronically.