TERMS OF WEBSITE USE
This page (and the documents it refers to) tells you the terms of use on which you may use my website www.gailmuller.com (“My Site” or “The Site”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use The Site. By using My Site, you accept these terms of use and agree to abide by them. If you do not agree to these terms of use, please do not use My Site.
ABOUT ME
www.gailmuller.com is a website operated by Gail Muller (“I” or “me” or “my”). My email address is gonehiking@gailmuller.com.
MY SITE
I allow access to My Site on a temporary basis and I reserve the right to withdraw, restrict or change My Site at any time and without notice. I will not be liable if for any reason My Site is unavailable at any time or if the content is changed or out of date.
You must treat as confidential any user identification code, password or other security feature in relation to My Site. If, in my opinion, you aren’t complying with these terms of use, I have the right to disable any such code, password or feature at any time.
You must comply with the provisions of my Acceptable Use Policy when using My Site.
It is your responsibility to ensure that anyone who accesses My Site through your internet connection is aware of these terms and complies with them.
VARIATIONS
I may revise these terms of use at any time by amending this page or by provisions or notices published elsewhere on My Site.
INTELLECTUAL PROPERTY RIGHTS
I am the owner or the licensee of all intellectual property rights in My Site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the materials on My Site for commercial purposes without a licence from me, or my licensors. You may not reproduce in any format (including on another website) any part of My Site (including content, images, designs, look and feel) without my prior written consent.
If, in my opinion, you are in breach of these provisions, your right to use My Site will cease immediately and you must either return or destroy (as required by me) any copies of the materials you have made.
RELIANCE ON INFORMATION AND LINKS
The contents of My Site (including links to other websites and resources provided by third parties) are for information only, and I shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through My Site meet your specific requirements.
INFORMATION ABOUT YOU AND YOUR VISITS TO MY SITE
I process information about you in accordance with my Privacy Policy stated herein. By using My Site, you consent to such processing and you warrant that all data provided by you is accurate.
LINKING TO MY SITE
You may link to any page on my site provided that you do so in a way that is fair and legal and does not damage my reputation or take advantage of it. I reserve the right to withdraw linking permission without notice.
The website from which you are linking must comply in all respects with my Acceptable Use Policy.
You must not link in such a way as to suggest any form of association, approval or endorsement on my part where none exists.
UPLOADING MATERIAL TO MY SITE
When you upload material to My Site, or make contact with other users of My Site, you must comply with my Acceptable Use Policy stated herein. If you upload material in breach of my Acceptable Use Policy and I suffer loss as a result, you will reimburse me for such loss.
Any material you upload to My Site will be considered non-confidential and non-proprietary and I have the right to use, copy, distribute and disclose it to third parties. If any third party claims that any material posted or uploaded by you to My Site violates their intellectual property rights, or their right to privacy, I have the right to disclose your identity to them.
I will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of My Site.
I have the right to remove any material or posting you make on My Site if, in my opinion, such material does not comply with the content standards set out in my Acceptable Use Policy.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse My Site by knowingly introducing any material, which is malicious or technologically harmful. You must not attempt to gain unauthorised access to My Site, the server on which My Site is stored or any server, computer or database connected to My Site. You must not attack My Site via a denial-of-service attack or a distributed denial-of service attack.
By failing to comply with this provision, you would commit a criminal offence and your right to use My Site will cease immediately and I will report your actions to the relevant authorities.
MY LIABILITY
The material displayed on My Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, I hereby expressly exclude:
All conditions, warranties and other terms, which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with My Site or in connection with the use, inability to use, or results of the use of My Site, any websites linked to it and any materials posted on it (whether by me or a third party), including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect any liability, which cannot be excluded or limited under applicable law.
JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to My Site. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
PRIVACY POLICY
This policy (together with my privacy policy to be found at https://gailmuller.com/privacy/ , terms of Website use stated herein and any other documents referred to herein) sets out the basis on which I will process any personal data I collect from you, or which you provide to me, in the course of using My Site. For the purpose of the Data Protection Act 1998 I am the data controller.
YOUR INFORMATION
When you use My Site, there are a number of ways in which you provide information and other data to me. By using The Site, you consent to me processing and collecting this data, on the terms and for the reasons, which are explained below.
HOW YOUR INFORMATION IS USED
I may use your information to:
Send you my newsletters from time to time.
Ensure that content from My Site is presented in the most effective manner for you and for your computer.
Provide you with information, products or services that you request from me or which I feel may interest you, where you have consented to be contacted for such purposes.
Carry out my obligations arising from any contracts entered into between you and me.
Allow you to participate in interactive features of my service, when you choose to do so.
Notify you about changes to my service.
If you do not want me to use your information for marketing purposes, please state this when you submit your data. You can also contact me directly by emailing gonehiking@gailmuller.com
Please note that if you click on, or follow, any links from My Site to external websites, my privacy policy will no longer apply. Please check the privacy policies of any such external website before submitting any personal data, as I cannot accept any responsibility or liability in relation to them.
DATA STORAGE
All information you provide to me is stored on my secure servers. Any payment transactions will be encrypted using SSL technology.
I take your privacy very seriously, and will take all reasonable steps to protect your personal data, but please be aware that any data which you send to My Site is sent at your own risk.
The data that I collect from you may be transferred to, processed and/or stored at a destination outside the European Economic Area (“EEA”). By submitting your personal data, you agree to this. I will take all reasonable steps to ensure that your data is treated securely and in accordance with this privacy policy.
DISCLOSURE OF YOUR INFORMATION
I may disclose your personal information to third parties in the following circumstances:
To any prospective seller or buyer of My Site or assets;
If I am required to do so by law, any applicable regulation or to protect the rights, property, or safety of myself or others. This may include disclosing to other companies and organisations in connection with fraud protection and credit risk reduction.
ACCESS TO INFORMATION
You have the right under the Data Protection Act to access the information which I hold about you. If you wish to exercise this right, please send your request to gonehiking@gailmuller.com
ACCEPTABLE USE POLICY
This is the acceptable use policy, which, together with my terms of WebSite use stated herein sets out the terms under which I allow you to use My Site whether you are a visitor or a registered user. All enquiries should be directed to gonehiking@gailmuller.com. Please read the terms of this policy carefully, as by using My Site you indicate that you agree to comply with and be bound by them.
PROHIBITED USES OF MY SITE
Whether you are a visitor or registered user, you must comply with my terms of Website use stated herein, and use My Site for lawful purposes only. In particular, you must not use My Site for the uses listed (without limitation) below:-
any fraudulent activity;
any activity which breaches any applicable law or regulation, whether national or international;
any activity which may cause or result in harm to a child under 18 years of age;
sending unsolicited advertising or other content (spam), or entering into any arrangement for such material to be sent;
reproducing, selling or otherwise handling My Site or its contents in breach of my terms of Website use;
knowingly introducing to My Site, or transmit or attempt to transmit to any other website, computer or network, viruses, trojans, worms, logic bombs or other material, code or programme which is malicious or technologically harmful;
attempting to gain unauthorised access to My Site, my software, my server, or any server, computer or database connected to My Site; or attacking My Site via a denial-of-service attack or a distributed denial-of service attack.
CONTRIBUTING AND INTERACTING
My Site may offer users the facilities to upload or contribute content or other material, or to interact with other users. When making use of these facilities, it is your responsibility to ensure that any contribution or interaction is, as far as you are aware, factually correct, represents your honest opinion, and does not breach any applicable law or regulation.
In addition, any contribution or interaction must not include any material which (without limitation):
is defamatory, obscene, offensive, hateful or inflammatory;
is, or refers to material which is, sexually explicit;
promotes violence, illegal activity or any form of discrimination;
infringes any other person’s copyright, database right or trade mark;
threatens, harasses, upsets, embarrasses, alarms or annoys any other person, or is likely to do so;
advocates, promotes or assists any illegal activity;
is likely to deceive any person or is made in breach of a legal duty owed to a third party (such as a duty of confidence);
invades another’s privacy or cause inconvenience or anxiety to any person;
is used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
gives the impression that the material emanates from me, if this is not the case.
MODERATION
If I at any time use My Site to provide users with any interactive service, the following moderation provisions will apply:-
I will notify users if moderation is in place, and, if so, whether the moderation is provided by a person or is automated;
if moderation is in place, I will give you a means to contact the moderator;
although I will do my best to assess any risks which such interactive service may pose, I will be under no obligation to moderate it, and I expressly exclude any liability for any loss or damage to any person caused by use of it; and
children should at all times be supervised when using the interactive services on My Site, whether such services are moderated or not.
BREACHES OF THIS POLICY
Any breach of this acceptable use policy will be dealt with in the same way as breach of my terms of Website use stated herein, and I reserve the right to take any other action I reasonably deem appropriate, including restricting your use of My Site and/or taking legal action against you. I are not liable for any loss or damage caused by any breach of this acceptable use policy.
AMENDMENTS
Please check this page regularly, as I may revise this acceptable use policy at any time. I may also change or update my acceptable use policy at any time by means of notices published anywhere on My Site.
LEGAL NOTICE YOUR WEBSITE
I only use analytical cookies on my Website which allow me to recognise and count the number of visitors and to see how visitors move around The Site when they are using it but they do not identify you individually. They help us to improve the way my Website works by ensuring that you are easily able to find what you are looking for on my Website. Read more about the cookies I use by to the Cookie Policy herein.
INFORMATION ABOUT MY USE OF COOKIES
A web cookie is a small piece of data that is sent from my Website and stored on your browser or the hard drive of your computer.
I only use analytical cookies which enable me to analyse the number of visitors to My Site and to see how My Site users navigate around My Site. This helps me to improve the way My Site works, for example, by ensuring that you can find what you are looking for easily.
If you want to know more about the cookies that I use, you can read the information in the table below:
Cookie Name Purpose More information Google Analytics _utma_utmb _utmc _utmz These cookies are used to collect information about how visitors use My Site. I use the information to compile reports and to help us improve The Site. The cookies collect information in an anonymous form, including the number of visitors to The Site, where visitors have come to The Site from and the pages they visited. See the Google Website for more information on privacy and security:https://support.google.com/analytics/ansIr/6004245
These cookies are used to collect information about how visitors use My Site. I use the information to compile reports and to help us improve The Site. The cookies collect information in an anonymous form, including the number of visitors to The Site, where visitors have come to The Site from and the pages they visited. See the Google Website for more information on privacy and security: https://support.google.com/analytics/ansIr/6004245
Please note that my advertisers and third party web traffic analytic sites may also use cookies, over which I have no control.
You are able to block my cookies by activating the setting on your browser that allows you to block cookies. If you do block my cookies however, you may not be able to access all or parts of My Site.
To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.
By using My Site, you consent to my use of cookies as described above.