Terms & Conditions

IRELAND.COM   
TERMS OF SERVICE

1. INTRODUCTION
ireland.com is the website address of The Irish Times Limited. The ireland.com website ("the Site") and services are offered to you upon condition of your acceptance without modification of the terms and conditions ("the TOS") below. By viewing and using the Site you are deemed to consent to the TOS. Please therefore read this agreement carefully as it sets out your rights and obligations with respect to the use of the Site and its services. By using any of the services offered by ireland.com, you ("the User") are deemed to warrant that you are 18 years or over, or under the supervision of an adult.
Use of particular services offered by ireland.com may be subject to additional terms and conditions, which are outlined at the end of the TOS. The current list of such services is:

Breaking News Alert;
News Digest;
Paid Subscription Services - General;
E-mail;
Premium News Service;
Photosales Services;

If you are using the services in the course of your business, trade or profession ("the Commercial User") you are subject to the additional terms and conditions provided in Clause 30.

2. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE 
ireland.com provides free access to parts of its site, and also provides subscription services, and in particular but without limitation, an E-mail service which is owned and operated by outblaze.com ("the Services"). The Services are provided to the User under the terms and conditions of the TOS and any operating rules or policies that may be published from time to time by ireland.com. The TOS comprise the entire agreement between the User and ireland.com and supercede all prior agreements between the parties. You may also be subject to additional terms and conditions when you use affiliate or third party services.

3. ACCESS TO THE SERVICES
The User must: 
(a) provide all equipment, including a computer and modem, necessary to establish a connection to the Web; 
(b) provide for the User's own access to the Web and pay any telephone or other connection and service fees associated with such access; 
(c) pay the Services fees where applicable as determined by ireland.com from time to time.

4. MODIFICATIONS OF TERMS OF SERVICE 
ireland.com reserves the right to modify the terms and conditions of the TOS at any time and at its sole discretion and without notice to you. It is the responsibility of the User to regularly review the TOS for modifications. By continuing to use the Services, the User agrees to be bound by the amended TOS.

5. PERSONAL INFORMATION
Some Services may require the User to supply certain personal information. In consideration for the use of the Services, the User agrees to: 
(a) provide true, current, complete, and accurate information about the User as prompted to do so by the Services, and 
(b) maintain and promptly update this information as required to keep it true, current, complete and accurate. 
If the User provides any information that is untrue, not current, incomplete or inaccurate, or ireland.com has reasonable grounds to suspect that such information is untrue, not current, incomplete or inaccurate, ireland.com has the right to suspend or terminate your use of the Services. 
All information requested on original sign up shall hereafter be referred to as "Registration Information". This Registration Information will be retained by ireland.com, and any of its co-branding partners if applicable, for no longer than is necessary to provide the Services to the User. 
Unless the User has agreed to the use of the Registration Information for direct marketing purposes by ireland.com, its co-branding partners or selected third parties, ireland.com agrees to use the Registration Information only for the purpose of supplying the Services to the User. Users who have agreed to the use of the Registration Information for direct marketing purposes may "opt-out" in writing at any time. ireland.com does not make any representation or warranty with respect to the content of any direct marketing messages or any goods or services which may be obtained from such third parties, and the User agrees that ireland.com shall not have any liability with respect thereof. 
ireland.com reserves the right to disclose the Registration Information if required to do so by law or if it believes in good faith that any such disclosure is reasonably necessary for the administration of justice; to enforce the TOS; to respond to any complaint received regarding the rights of third parties; or to protect the rights, property, or personal safety of ireland.com, its users and the public.

6. USER ACCOUNT, PASSWORD, AND SECURITY 
The User is entirely responsible for maintaining the confidentiality of the User's password and account, and for any and all activities which occur under the User's account or password. The User agrees to immediately notify ireland.com of any unauthorised use of the User's account, password, or any other breach of security known to the User. ireland.com will not be liable for any loss that the User may incur as a result of someone else using or accessing the User's password or account, either with or without the User's knowledge. However the User may be held liable for losses incurred by ireland.com or any other party as a result of someone else using or accessing the User's password or account. The User will not use anyone else's account at any time without the permission of the account holder. The User may change his/her password or profile by following instructions on the Site.

7. PRIVACY POLICY 
The User may view the privacy policy at the bottom of this page or can go the following URL: www.ireland.com/about/privacy.

8.INFORMATION REQUIRED BY LAW
ireland.com is required by law to provide the User with the following information:
(a). 	ireland.com is a website address of The Irish Times Limited. The Irish Times can be contacted through this website or at Itronics Limited, The Ballast House, Westmoreland Street, Dublin 2.
(b).	The VAT number of The Irish Times and Itronics Limited is IE8L40281T.
(c).	Written confirmation of subscription to any of the Services shall be provided to the User at the e-mail address supplied during registration. The User has a period of seven working days from the date of registration to withdraw from subscription without penalty and without giving any reason by giving notice in writing. Following that period the User can cancel subscription at any time by giving notice in writing without prejudice to any rights that may have accrued to ireland.com.

9. NOTICE 
All notices to a party shall be in writing and shall be made either via online announcements, e-mail, or conventional mail. ireland.com may broadcast notices or messages through the Services and such broadcasts shall constitute notice to the User.

10. PROPRIETARY RIGHTS TO CONTENT 
The User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material (the "Content") contained in either sponsor advertisements, or Internet-distributed, commercially produced information presented to the User by the Site or Services, by ireland.com, ireland.com's advertisers, or other ireland.com Users may be protected by copyrights, trademarks, patents or other proprietary rights and laws. The User is only granted a limited personal licence for the User's own personal, non-commercial use for the Site and Services unless expressly otherwise authorised by ireland.com and in particular is only granted a limited personal licence to refer to, bookmark or point to any page within the Site, or to download the Content to a single personal computer or to make a printout in respect of a single copy of the Content for personal reference. All copyright and other proprietary notices in the materials must be left intact. The User may not copy, reproduce, distribute, or create derivative works from the Content without expressly being authorized to do so by the relevant copyright owner.

11. USER CONDUCT 
(a)The User understands that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Material"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Material originated. This means that the User, and not ireland.com, are entirely responsible for all Material that the User uploads, posts or otherwise transmits via the Services. ireland.com does not control Material posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Material. The User understands that by using the Services, the User may be exposed to Material that is offensive, indecent or objectionable. 
(b)The User agrees to not use the Services to: 
i.upload, post or otherwise transmit any Material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 
ii.harm minors in any way; 
iii.impersonate any person or entity, including, but not limited to, an ireland.com official, forum leader, guide or host, or falsely state or otherwise misrepresent an affiliation with a person or entity;
iv.forge headers or otherwise manipulate identifiers in order to disguise the origin of any Material transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page); 
v.upload, post or otherwise transmit any Material that the User does not have a right to transmit under any law or contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); 
vi.upload, post or otherwise transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; 
vii.upload, post or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation; 
viii.upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 
ix.disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; 
x.interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; 
xi.intentionally or unintentionally violate any applicable local, state, national or international laws or regulations; 
xii."stalk" or otherwise harass another; 
xiii.collect or store personal data about other users; 
xiv.promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
xv.attempt to gain unauthorised access to any ireland.com site or service, other User accounts, computer systems or networks connected to any ireland.com site or service, through hacking, password mining or any other means;
xvi.create a false identity for the purpose of misleading others.

12. INDEMNIFICATION 
The User agrees to indemnify, defend (at ireland.com's request), and hold ireland.com, its parent, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable legal expenses, made or brought by any third party due to or arising out of the User's use of the Services or any part thereof, the violation of these TOS or any provision therein by the User, or the infringement or misappropriation by the User, or a third party using the User's computer, of any account or password to access and/or use the Services, or of any intellectual property rights of any person or entity, or the use or misuse by the User or third parties of the User's passwords or accounts.

13. MONITORING 
ireland.com has no obligation to monitor the Services but reserves the right to do so and to remove any Content or Material at its sole discretion at any time without notice.

14. COMPLAINTS PROCEDURE
Any abuse of the Services, including but not limited to the violation of these TOS or any provision therein, or the infringement or misappropriation by any User, or a third party using a User's computer, of any account or password to access and/or use the Services, or of any intellectual property rights of any person or entity, or the use or misuse by any User or third parties of a User's passwords or accounts, should be reported immediately to ireland.com at services@irish-times.com.

15. MODIFICATIONS AND DISCONTINUANCE OF THE SERVICES 
ireland.com reserves the right at its sole discretion to modify or discontinue the Site or Services, or any portion thereof, at any time, with or without notice to the User. ireland.com shall not be liable to the User or any third party should ireland.com exercise its right to modify or discontinue the Site or Services. No refunds will be granted to any Users who have paid Services fees in this instance.

16.TERM AND TERMINATION 
(a).	ireland.com reserves the right to terminate all or part of the Services at any time without notice, and without issuing any refunds if the User is in breach of the TOS. ireland.com shall not be liable to the User or any third party for any loss or damage howsoever arising from the termination of the Services or any part thereof. 
(b).	ireland.com reserves the right to terminate User accounts following the expiry of the subscription period and to delete all information and files on these accounts if the User does not renew the subscription. The User can renew the subscription within 14 days only, following the expiry of the subscription period. After this 14 day period the User who has not renewed his / her subscription will not be able to access his / her account and all data and information relating to the account will be deleted. The Username will subsequently be made available for purchase by a different User. If the User seeks to renew an expired subscription and account, ireland.com, at its sole discretion, may allocate a new account to the User.

17. THIRD PARTIES
(a). 	Advertising  
ireland.com may serve advertisements to the Site or work with a third party to serve the advertisements. Advertisements placed on the Site may include but are not limited to banner ads, paid links, pop-up windows, buttons, and sponsorships. The User agrees that ireland.com has the right to run such advertisements and promotions. 
ireland.com does not control the content of these services which is supplied by third parties and the inclusion of content does not imply endorsement of the third party by ireland.com or any association with that third party. User correspondence or business dealing with, or participation in promotions of, advertisers or third parties found on or through the Site or Services, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between the User and such advertiser or third party. The User agrees that ireland.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Site or Services. 
(b).	E-mail Marketing 
ireland.com and/or third parties may, from time to time, send e-mail messages to the User containing advertisements, special promotions, and other marketing subject to the User's permission. The User must decide to "opt-in" to our e-mail messages during the registration process or through a link on the ireland.com site if they wish to receive any e-mail services, newsletters, special promotions or other marketing materials ("Opt-in E-mail Programmes"). ireland.com has the right to partner with any e-mail marketers to provide these Opt-in E-mail Programmes. User correspondence or business dealing with advertisers or third parties found on or through the Opt-in E-mail Programmes, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between the User and such advertiser or third party. The User agrees that ireland.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. 
(c).	Links
The Site or Services may contain images of and links to third party websites ("Linked Sites"). Linked Sites are not under the control of ireland.com and the User agrees that ireland.com is not responsible for the content of any Linked Sites. The inclusion of a link does not imply endorsement of the Linked Sites by ireland.com or any association with its owners or operators. User correspondence or business dealing with advertisers or third parties found on or through Linked Sites, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between the User and such advertiser or third party. The User agrees that ireland.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Site or Services.

18. DISCLAIMER OF WARRANTIES 
(a).	ireland.com provides the Site and Services on an "as is" and "as available" basis, and the User uses the Site and Services at his/her sole risk. 
(b).	ireland.com shall not be responsible for the effect or result of the introduction or entry of any virus into the Site and /or one or any of the Services. 
(c).	ireland.com makes no warranty that the Site or Services will meet the User's requirements; nor that the Site or Services will be uninterrupted, timely, secure, or error free; nor does ireland.com make any warranty as to the results that may be obtained from the use of the Site or Services; nor as to the accuracy or reliability of any information obtained through the Site or Services; nor that defects in the Site or Services will be corrected. 
(d).	ireland.com expressly disclaims all warranties of any kind insofar as is permissible by law, whether express, implied or statutory, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. 
(e).	The User understands and agrees that any Content and/or Material downloaded or otherwise obtained through the use of the Site or Services is done at the User's own discretion and risk. ireland.com is not responsible for any damage to the User's computer system or loss of data that results from the download of such Content and/or Material.
(f).	ireland.com makes no warranty regarding any goods or services purchased or obtained through the Site or Services or any transactions entered into through the Site or Services. 
(g).	If the User uses the E-mail service for business purposes, ireland.com accepts no responsibility for deletion, corruption or failure to store messages or content maintained or transmitted by the service. ireland.com accepts no responsibility for any interruption of business as a direct or indirect result of the Site or Services. 
(h).	No advice or information, whether oral or written, obtained by the User from ireland.com shall create any warranty not expressly made herein.

19. LIMITATION OF LIABILITY 
ireland.com shall not be liable for any loss of use, interruption of business, or any direct or indirect, special, incidental, or consequential damages of any kind (including but not limited to lost profits) regardless of the form of action, whether in contract, tort (including negligence), strict product liability, or otherwise, even if ireland.com has been advised of the possibility of such damages, howsoever arising, out of use of the Site or Services.

20. LAW 
The TOS shall for all purposes be governed by and interpreted in accordance with the laws of Ireland. The User and ireland.com agree to submit to the exclusive jurisdiction of the courts of Ireland. The place of performance of this Agreement shall be Ireland.

21. ASSIGNMENT 
No right may be assigned, and no duty may be delegated, by the User under this Agreement except upon the written consent of ireland.com and any attempted assignment and delegation without such consent shall be void and without effect. ireland.com shall be entitled to assign this agreement. This TOS shall be binding upon and shall endure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.

22. NO AGENCY 
Neither party is, nor will it be deemed to be, an agent or legal representative of the other party for any purpose. Neither party will be entitled to enter into any contracts in the name of or on behalf of the other party, and neither party will be entitled to pledge the credit of the other party in any way or hold itself out as having authority to do so.

23. SEVERABILITY 
If any of the provisions of this agreement is found by an arbitrator, court or other competent authority to be void or unenforceable, it shall be deemed to be deleted from this agreement and the remaining provisions shall continue to apply. The parties shall negotiate in good faith in order to agree the terms of a mutually satisfactory provision to be substituted for the provision found to be void or unenforceable.

24. WAIVER 
Any waiver (express or implied) by either party of any breach of this TOS shall not constitute a waiver of any other or subsequent breach. No provision of the TOS will be waived by any act, omission or knowledge of a party or its agents or employees except by an instrument in writing expressly waiving such provision and signed by a duly authorised officer of the waiving party. In particular but without prejudice ireland.com's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ireland.com in writing.

25. TITLES 
The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.

ADDITIONAL TERMS AND CONDITIONS FOR PARTICULAR SERVICES

26. NEWS DIGEST
This free subscription service is provided for informational services only and ireland.com makes no warranty as to the accuracy and reliability of any information obtained through this service or that defects in the service will be corrected.

27. BREAKING NEWS ALERT
This free subscription service is provided for informational services only and ireland.com makes no warranty as to the accuracy and reliability of any information obtained through this service or that defects in the service will be corrected.

28. PAID SUBSCRIPTION SERVICES
The Premium E-mail and the Premium Content services are paid subscription-based services (the "Paid Services") and the User must register, set up an account and pay a subscription to gain access to these services. The subscription fee is determined by ireland.com and can be subject to change at any time at its sole discretion. Subscription to any of the Paid Services is personal to the User and may not be transferred or assigned. 
By registering for the Paid Services the User agrees to pay all fees and charges including applicable taxes. In order to set up an account the User must provide ireland.com with valid credit card information and by providing such information the User thereby authorises ireland.com to bill all fees, charges and applicable taxes through that account as and when they become due. Any queries regarding billing on a User account must be raised with ireland.com within 30 days.
The User will be billed in Euro or Sterling. Exchange settlements will be determined by agreements between the User and the credit card issuer. If ireland.com does not receive payment from the credit card issuer, the User agrees to pay all amounts due on the User's account upon demand. If ireland.com does not receive prompt payment for all fees, charges and applicable taxes, the User will be in default and ireland.com reserves the right to suspend the User's account and access to the Paid Services without notice.
Subject to any right of withdrawal under applicable law, fees, charges and applicable taxes are non-refundable.

28.1 AUTO-RENEWAL

The User may choose to automatically renew when initially subscribing.  The subscription will then be automatically renewed.  All Services offered by ireland.com will remain available to the User if the User chooses not to avail of the auto-renewal facility. ireland.com will e-mail the User 10, 5 and 1 day(s) before such a renewal is due.  The credit card of record will be automatically charged on an annual basis.  Credit card records will be kept by ireland.com's payment partner, Worldpay, who will process the auto-renewal payment.  The User agrees to pay any Services fees for the Services that offer auto-renewal payment at the rates in effect when the charges are incurred.  The only Services currently to offer auto-renewal payments are Premium Content and Premium Email. ireland.com will notify the User thirty days in advance of any price increases.  The User should notify Worldpay of any change in their credit card details.

The User may cancel the auto-renewal at any time by visiting ireland.com's payment partner's website at https://support.worldpay.com/shopper/. The subscription will then expire rather than automatically renew. ireland.com is not responsible for the services offered by Worldpay. The User agrees that ireland.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of the User's dealings with Worldpay.

29. E-MAIL
The User agrees to use the E-mail service for personal, non-commercial use only. The User agrees that ireland.com may establish limits on the use of the E-mail service, including but not limited to the number of days that e-mails will be retained by the service, the number of e-mails that may be sent from or received by an account, the maximum size of an e-mail message that may be sent from or received by an account, the maximum storage space available to an account and the maximum number of times and duration the User can access the service in any given period of time. 
The User agrees that ireland.com has no responsibility or liability for the deletion of or failure to store any messages, communications or other content and acknowledges that ireland.com has the right to remove accounts that are inactive for an extended period of time.
ireland.com will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk e-mail. 
In the event of termination of the User's account for any reason whatsoever there is no obligation on ireland.com to forward any unread or unsent messages to the User or a third party.

30. PREMIUM NEWS SERVICE
The content of this service, which includes without limitation text and WAP updates, is provided for informational purposes only and ireland.com makes no warranty as to the accuracy or reliability of any information obtained through the service or that defects in the service will be corrected. In particular, but without limitation, ireland.com shall not be responsible or liable for any trading or investment decisions made based on such information.

31. ADDITIONAL TERMS AND CONDITIONS FOR THE COMMERCIAL USER
The Commercial User agrees to pay the Commercial User Services fees where applicable as determined by ireland.com from time to time. 
The Commercial User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Content without expressly being authorised to do so by the relevant copyright owner.

The Commercial User also agrees not to use an ireland.com e-mail address in any way that may imply or otherwise suggest endorsement by or partnership with ireland.com or any associated brands or companies and further agrees not to use an ireland.com e-mail address for the purposes of any business trade or profession which may or in any other way which may bring ireland.com or any associated brands or companies into disrepute.ireland.com accepts no responsibility for any interruption or loss of business arising as a direct or indirect result of the Site or Services.

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