Lazy Shark Terms and Conditions – Members and other Users

1 Introduction

1.1 Welcome to the Lazy Shark website (the “Website”). The Website is owned and operated by Lazy Shark Limited, a company registered in England and Wales under the registration number 5897958 whose registered office is at 34 Abbots Yard, Walnut Tree Close, Guildford, Surrey GU1 4RW. (“Lazy Shark”).

1.2 These terms and conditions set out the rights and obligations of users of the Website and of Lazy Shark in providing the services offered under the Website. Please read these terms and conditions carefully before using the Website. By using the Website, you signify your agreement to be bound by these terms and conditions in full. If you do not accept these terms and conditions in full, then you must leave the website immediately.

1.3 Some of the services provided by Lazy Shark under the Website will only be accessible by users of the Website you have registered to use such additional services (the “Member Services”). People who have registered with Lazy Shark to use the Member Services become “Members”. The terms and conditions which apply specifically to Members and the Member Services and more information about the Member Services are set out later in these terms and conditions.

1.4 Lazy Shark may from time to time modify these terms and conditions and so you should review these terms and conditions every time that you access the Website. Where modifications to these terms and conditions affect the Member Services, Lazy Shark shall use its reasonable endeavours to inform Members of such changes. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages on the Website.

2 Licence

2.1 You acquire no rights or licences in or to the Website other than the limited right to use the Website in accordance with these terms and conditions. Other than in accordance with these terms and conditions, you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any of the Website.

2.2 You are permitted to print and download extracts from the Website for your own personal use on the following basis:

2.2.1 you make only personal, non-commercial use of such printed or downloaded materials;

2.2.2 no documents or related graphics on the Website are modified in any way;

2.2.3 no graphics on the Website are used separately from the corresponding text; and

2.2.4 Lazy Shark’s copyright and trade mark notices and this permission notice appear in all copies.

2.3 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website including without limitation text, content, software, video, music, sound, graphics, photographs (other than photographs uploaded by Members), illustrations, artwork, logos, trademarks, service marks and other material (other than content uploaded by users) is owned by the Lazy Shark or its licensors or affiliates. For the purposes of these terms and conditions, any use of extracts from the Website other than in accordance with these terms and conditions for any purpose is prohibited. If you breach any of the provisions of these terms and conditions, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website

2.4 You may not use any of Lazy Shark's trade marks without Lazy Shark's express consent.

2.5 You agree to notify Lazy Shark in writing promptly upon becoming aware of any authorised access to or use of the Website by any party or of any claim that the Website or any of its contents of the Website infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.

2.6 Subject to the above, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Lazy Shark's prior written permission.

2.7 Any rights not expressly granted in these terms are reserved.

3 Membership

3.1 Each membership is for a single user only. Lazy Shark does not permit you to share your user name and password with any other person nor with multiple users on a network.

3.2 Responsibility for the security of any passwords issued rests with the Member.

4 The Member Services

4.1 The Member Services are provided free to Members. The Member Services include (but are not limited to) the ability for Members:

4.1.1 to create a profile for themselves including details about themselves, which will be posted on the Website;

4.1.2 to write and store an online travel log of their travels;

4.1.3 to store their digital photographs (“Member Photographs”), up to a maximum storage space of 100MB; and

4.1.4 to communicate with other Members;

4.2 Members can choose to share the information and Member Photographs that they post to the Website with other Members and users of the Website by posting information and Member Photographs on the publicly accessible sections of the Website, but do at their own risk. For more details of how Lazy Shark will store and use information provided by Members, please refer to the Lazy Shark Privacy Policy, a link to which is provided at the bottom of each page of the Website. The Lazy Shark Privacy Policy forms part of these terms and conditions and Members should read the Lazy Shark Privacy Policy prior to registering to become a Member. By becoming a Member you agree to Lazy Shark using your personal information in the manner described therein.

4.3 Members may also elect to purchase an account upgrade of services if made available to them (the “Membership Upgrade”). Prior to receiving a Membership Upgrade, Members must pay a fee to Lazy Shark. The fee be detailed on the upgrade section of the Website and shall be determined by the level of additional services that the Member requests. This fee shall cover the Membership Upgrade for a period of 1 year. The payment of this Membership Upgrade will be handled by a third party company and the payment shall be subject to the terms and conditions of this third party company.

5 Access to the Website

5.1 Lazy Shark will use all reasonable endeavours to ensure that the availability of the Website will be uninterrupted. However, Lazy Shark do not guarantee that the Website will always be available.

5.2 It will sometimes be necessary for Lazy Shark to suspend or restrict access to the Website to allow for repairs or maintenance tasks to take place or for the introduction of new facilities or services. Lazy Shark will attempt to limit the frequency and duration of any such periods of suspension or restriction.

6 Changes to the Website

6.1 You accept that Lazy Shark has the right to change the content or technical specifications of any aspect of the Website at any time at Lazy Shark's sole discretion. You further accept that such changes may result in your being unable to access the Website.

7 Links to and from other Websites

7.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. Lazy Shark has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Lazy Shark therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

8 User submitted material and conduct

8.1 Members may upload Member Photographs to the Website, subject to their maximum permitted storage allowance as determined by their membership level;

8.2 Members and other users may also publish, enter, upload, distribute or post material onto the Website, as part of travel journals or discussion forums and other services offered on the Website, including posting reviews, comments, suggestions, ideas, questions and other such material (“User Generated Material”);

8.3 Members and other users may only post Member Photographs and User Generated Material in accordance with these terms and conditions and Members and other users of the Website take full responsibility for any Member Photographs and User Generated Material that they have posted and any consequences that posting such material may have.

8.4 Lazy Shark take no responsibility for Member Photographs and User Generated Material posted on the Website and any opinions expressed by users that are posted on the Website are the opinions of the authors of such opinions and are not endorsed by Lazy Shark.

8.5 By uploading Member Photographs or or posting User Generated Material to the Website, Members and users automatically grant Lazy Shark and its affiliates and sub-licencees a royalty-free, non-exclusive, irrevocable, perpetual licence to use, copy, reproduce, modify, publish, edit, translate, distribute, disclose, display, incorporate and otherwise use Member Photographs and other User Generated Material for any and all commercial or non-commercial purposes;

8.6 Any Member Photographs or User Generated Material are uploaded or posted entirely at the risk of the Member or user. Although Lazy Shark shall endeavour to safely store Member Photographs and User Generated Material, Lazy Shark shall not be liable for any Member Photographs or User Generated Material uploaded or posted onto the Website that are damaged, lost, deleted, corrupted or otherwise changed whilst being stored on the Website by Lazy Shark. Lazy Shark strongly recommends that Members also store their digital photographs on compact disk or other appropriate storage media.

8.7 Members and users are prohibited from posting or transmitting to or from the Website any material which:

8.7.1 is defamatory of any person;

8.7.2 is obscene, offensive, hateful or inflammatory;

8.7.3 is sexually explicit;

8.7.4 promotes violence;

8.7.5 promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

8.7.6 infringes any copyright, database right or trade mark of any other person;

8.7.7 is likely to deceive any person;

8.7.8 is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

8.7.9 is threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

8.7.10 may be likely to harass, upset, embarrass, alarm or annoy any other person;

8.7.11 is used to impersonate any person, or to misrepresent your identity or affiliation with any person;

8.7.12 gives the impression that the material emanates from Lazy Shark, if this is not the case;

8.7.13 advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse;

8.7.14 the Member has not obtained all necessary licences and/or approvals;

8.7.15 constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or

8.7.16 is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

8.8 You may not misuse the Website (including, without limitation, by hacking).

8.9 Lazy Shark has no obligation to monitor User Generated Material and Member Photographs posted on the Website. If you believe that any material posted on the Website is defamatory or infringes any third party intellectual property rights, then please notify Lazy Shark immediately by using the email address or postal address listed under the “Contact Us” section of the Website.

8.10 Lazy Shark shall fully co-operate with any law enforcement authorities or court order requesting or directing the Lazy Shark to disclose the identity or locate anyone posting any material in breach of this Clause 8.

8.11 Lazy Shark will determine, in our discretion, whether there has been a breach of these terms and conditions through your use of our site. When a breach of these terms and conditions has occurred, Lazy Shark may take such action as we deem appropriate.

8.12 Failure of a Member or other user to comply with these terms and conditions may result in our taking all or any of the following actions:

8.12.1 Immediate, temporary or permanent withdrawal of the Members right to use the Website;

8.12.2 Immediate, temporary or permanent removal of any posting or material uploaded by Members or other users to the Website;

8.12.3 Issue of a warning to Members or users;

8.12.4 Legal proceedings against a Member or other user for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

8.12.5 Further legal action against the Member or user;

8.12.6 Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

8.13 We exclude liability for actions taken in response to breaches of these terms and conditions. The responses described in these terms and conditions are not limited, and we may take any other action we reasonably deem appropriate.

9 Competitions

9.1 Lazy Shark will organise regular competitions and other promotions for Members through the Website. Where applicable, separate terms and conditions will be posted on the Website to govern specific competitions and promotions.

10 Warranties and Disclaimer

10.1 While Lazy Shark endeavours to ensure that the information on the Website is correct, Lazy Shark does not warrant the accuracy and completeness of the material on the Website. Lazy Shark may make changes to the material on the Website, or to the services described in it, at any time without notice. The material on the Website may be out of date, and Lazy Shark makes no commitment to update such material.

10.2 The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Lazy Shark provides you with the Website on the basis that Lazy Shark excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for any particular purpose, the use of reasonable care and skill and non-infringement of any proprietary or third party rights) which, but for these terms and conditions, might have effect in relation to the Website.

10.3 Lazy Shark does not warrant that the Website will be compatible with your computer equipment or that the Website or its server is free of errors or viruses, worms or Trojan horses and Lazy Shark is not liable for any damage that you may suffer as a result of such features.

11 Limitation of Liability

11.1 You acknowledge that your use of the Website, is at your own risk. If you are dissatisfied with the Website or these terms and conditions, your sole remedy is to discontinue use of the Website.

11.2 Lazy Shark, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

11.3 Nothing in these terms and conditions shall exclude or limit Lazy Shark’s liability for:

11.3.1 death or personal injury caused by negligence; or

11.3.2 fraud; or

11.3.3 any liability which cannot be excluded or limited under applicable law.

11.4 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

12 Indemnity

12.1 You agree to indemnify, defend and hold harmless Lazy Shark, its employees, representatives and agents, from and against any claims, actions, demands or other proceedings brought against Lazy Shark, its employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceedings brought against Lazy Shark, its employees, representatives, suppliers, or agents is based on or arise in connection with:

12.1.1 your use of the Website;

12.1.2 any breach by you of these terms and conditions;

12.1.3 a claim that any use of the Website by you:

12.1.3.1 infringes any intellectual property rights of any third party, or any right of personality or publicity; or

12.1.3.2 is libellous or defamatory, or otherwise results in injury or damage to any third party;

12.1.3.3 any deletions, additions, insertions, or alterations to, or any unauthorised use of the Website by you;

12.1.3.4 any misrepresentation or breach of representation or warranty made by you contained herein.

12.2 References in these terms and conditions to your use of the Website shall be deemed to include any use by a third party where such third party accesses the Website using your computer.

12.3 You agree to pay Lazy Shark, its employees, representatives, and expenses (including reasonable legal fees) awarded against any of them or otherwise incurred by any of them in connection with or arising from any such third party claim, suit, action or proceedings attributable to any of your actions as described in Clause 8.7 or this Clause 12.

13 Entire Agreement

13.1 This agreement, and the documents referred to in it, constitutes the entire agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the subject matter of this agreement.

13.2 Each of the parties acknowledges and agrees that in entering into this agreement, and the documents referred to in it, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this agreement or not) other than as expressly set out in this agreement as a warranty.

13.3 The only remedy available to it for breach of the warranties shall be for breach of contract under the terms of this agreement.

13.4 Nothing in this sub-clause shall, however, operate to limit or exclude any liability for fraud.

14 Severability

14.1 In the event that any term of these terms and conditions is held to be invalid or unenforceable by a court, the remainder of these terms and conditions shall remain valid and enforceable.

15 Local Laws and Regulations

15.1 The Website is not directed at any person in any jurisdiction where for any reason the publication or availability of the Website is prohibited. Those users in respect of whom such prohibitions apply must not access the Website.

15.2 Lazy Shark does not represent that either the Website or the content appearing on the Website are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.

16 Governing Law and Jurisdiction

16.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.