GRAZER TERMS AND CONDITIONS OF USE
Welcome to Grazer’s Terms and Conditions of Use (these “Terms”). These Terms are a contract between you and Grazer Holdings Limited. (Grazer’, ‘we’ or ‘us’). These Terms outline your and our rights for the use of Grazer’s application, the herbivorous dating app (“App”). Please take a few moments to read these Terms before using the App. By accessing, viewing or using Grazer, you confirm that you accept these Terms and that you agree to comply with them.
USE OF GRAZER
Before using Grazer, you will need to register for an account (“Account”). In order to create an Account you must:
1. be at least 18 years of age; and
2. be legally permitted to use the App by the laws of your home country.
3. have a Facebook account.
If you feel the need to leave Grazer, you can delete your Account at any time by going to the 'Settings' page when you are logged in and clicking on the 'Delete account' button. Your Account will be deleted immediately but it may take a little while for Your Content to be completely removed from the App. Grazer Holdings Limited reserve the right at our sole discretion to terminate or suspend any Account, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice.
You may not access, tamper with, or use non-public areas of the App or our systems. Certain portions of the App may not be accessible if you have not registered for an Account.
We want our users to be able express themselves as much as possible, but we have to impose restrictions on certain content which:
which encourages illegal or unlawful activity, infringes any person's legal rights, inciting racial or religious hatred, may be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law);
contains language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person, or which promotes or encourages racism, sexism, hatred or bigotry;
is libellous or maliciously false, is obscene or indecent, depicts violence or is explicit;
infringes any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right, shows another person which was created or distributed without that person’s consent;
infringes any right of confidence, right of privacy or right under data protection legislation;
constitutes negligent advice or contains any negligent statement, constitutes an incitement to commit a crime;
relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
contains any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Grazer or otherwise;
Grazer operates a zero-tolerance policy for this kind of content.
You are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.
As Grazer is a public application, Your Content will be visible to other users of the App all around the world instantly - so make sure you are comfortable sharing Your Content before you post. As such, you agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to the App (e.g. individuals who receive a link to a user’s profile or shared content from other Grazer Users). By uploading Your Content on Grazer, you represent and warrant to us that you have all necessary rights and licences to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide licence to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creative derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).
We have the right to remove, edit, limit or block access to any of Your Content at any time, and we have no obligation to display or review Your Content.
We may assign and/or sub-licence the above licence to our affiliates and successors without any further approval by you.
Other members of Grazer will also share content via the App. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing the Member Content.
You do not have any rights in relation to other users' Member Content, and you may only use other Grazer users' personal information to the extent that your use of it matches Grazer’s purpose of allowing people to meet one another. You may not use other users' information for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users' information.
Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. If you have a complaint about Member Content, please send any DMCA Takedown Notices to: email@example.com
How about the rest of the Content on Grazer? Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Grazer are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.
We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content, without the right to sublicense, under the following conditions:
1. you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App;
2. you shall not use our name in metatags, keywords and/or hidden text;
3. you shall not create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way; and
4. you shall use Our Content for lawful purposes only.
We reserve all other rights.
RESTRICTIONS ON THE APP
We don’t like users misbehaving in the herbivorous Grazer community – users should not do bad things to other users. Therefore, you can report any abuse or complain about Member Content by contacting us, outlining the abuse and/or complaint. You can also report a user directly from a profile by clicking on the ‘Report’ button in the users information box. You can also block a user by swiping left on your Conversations on the message page, then click ‘Block’.
THIRD PARTY STORES
We may revise these terms and conditions from time to time. The revised terms and conditions shall apply to the use of our site or App from the date of publication of the revised terms and conditions on the site, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. In certain circumstances, we may send an email to you notifying you of a change. You should regularly check this page for notice of any changes.
If you do not agree to the revised terms and conditions, you must stop using our site. If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions.
BREACHES OF THESE TERMS AND CONDITIONS
PUSH NOTIFICATIONS; LOCATION-BASED FEATURES
We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or the Grazer services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by following the specific instructions included in such communications.
THIRD PARTY RIGHTS
We do not warrant or represent:
the completeness or accuracy of the information published on our App;
that the material on the App is up to date; or
that the App or any service on Grazer will remain available.
We reserve the right to discontinue or alter any or all of Grazer’s services, and to stop publishing our App, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Grazer services, or if we stop publishing the App.
To the maximum extent permitted by applicable law and subject to limitations and exclusions of liability, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our App and the use of our App.
LIMITATIONS AND EXCLUSIONS OF LIABILITY
Nothing in these terms and conditions will:
limit or exclude any liability for death or personal injury resulting from negligence;
limit or exclude any liability for fraud or fraudulent misrepresentation;
limit any liabilities in any way that is not permitted under applicable law; or
exclude any liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that our App and the information and services on Grazer are provided free of charge, we will not be liable for any loss or damage of any nature. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with Grazer or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
All the actions you make and information you post on Grazer remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
1. any negligent acts, omissions or wilful misconduct by you;
2. your access to and use of the App;
3. the uploading or submission of Content to the App by you;
4. any breach of these Terms by you; and/or
5. your violation of any law or of any rights of any third party.
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim. firstname.lastname@example.org.
THIRD PARTY APP STORE
The following additional terms and conditions apply to you if you download the App from a Third Party Store. To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the App and the Third Party Store. You acknowledge and agree that:
These Terms are concluded solely between you and Grazer Holdings Limited and not with the providers of the Third Party Store, and Grazer Holdings Limited (and not the Third Party Store providers) is solely responsible for the App and the content thereof. To the extent that these Terms provide for usage rules for the App which are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which you obtain the App, the more restrictive or conflicting term of the Third Party Store will take precedence and will apply.
The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. Grazer Holdings Limited is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Grazer Holdings Limited.
Grazer Holdings Limited, not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.
The Third Party Store provider and its subsidiaries are third party beneficiaries of this Agreement, and, upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
We may revise these terms and conditions from time to time. The revised terms and conditions shall apply to the use of our App from the date of publication of the revised terms and conditions on the App, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the App, and you must stop using Grazer.
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with English law. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
INTERACTING WITH OTHERS
You are solely responsible for interactions with other users of the App. You agree and understand that we do not perform any background checks or screening on other users. We are not responsible for the conduct of any user on the App and in no event shall the Company or affiliated partners, or partners, be liable (directly or indirectly) for any losses or damages whatsoever. This includes without limitation death, bodily injury, emotional distress, and/or any other damages resulting from communications via the App, or meetings with any persons or user met through the App.
In addition you agree to review and follow the Safety Tips prior to using Grazer. You should not provide any financial information to any other user or persons met through Grazer.
Grazer is owned and operated by Grazer Holdings Limited. Our registered office is at 14A High Street, Reigate, Surrey, United Kingdom, RH29AY.
You can contact us by writing to by email to email@example.com.
These Terms were last updated on 9th March 2017.
Your safety is incredibly important to us. So please follow these guidelines:
Keep your financial information private at all times.
Be very careful when/if giving out your personal information, such as your full name or phone number.
Get to know the other person before you meet up with them.
Always arrange to meet in a public space.
Tell a friend, or family member, or both, about your meet up. Tell them when you expect to be home afterwards and contact them to tell them you’re home.
Always know how you’re getting home; taxi, train, or drive. You must be in control of your own transport.