Terms and Conditions
Welcome to Ireland.com, these are our terms (last updated 23rd of June 2008) upon which we will provide our services to you.
1. INTRODUCTION
Ireland.com is operated and managed by DigitalworX Ltd., a subsidiary 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 these terms and conditions (the “Terms") below. By viewing and using the Site you are deemed to consent to the Terms. Please read this Agreement carefully as it sets out your rights and obligations with respect to the use of the Site and related services.
2. DESCRIPTION OF SERVICE
Use of particular services offered by Ireland.com may be subject to additional terms and conditions, which are outlined in Clause 22. The current list of such services includes, but is not limited to News Digest and E-mail.
If you are using the services in the course of your business, trade or profession ("Commercial User") you shall be subject to the additional terms and conditions provided in Clause 23.
You may also be subject to additional terms and conditions when you use affiliate or third party services that can be accessed from Ireland.com via a link on the Site.
3. ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF SERVICE
Ireland.com provides free access to parts of its Site, and also provides subscription services, including without limitation, an E-mail service which is owned and operated by outblaze.com (the “Services"). The Services are provided to you (the “User”) under the Terms and any operating rules or policies that may be published from time to time by Ireland.com.
By using any of the services offered by Ireland.com, you are deemed to warrant that you are eighteen (18) years or over, or under the supervision of an adult.
4. INFORMATION REQUIRED BY LAW
Ireland.com is required by law to provide you with the following information:
(a) Ireland.com is operated and managed by DigitalworX Ltd., a subsidiary of The Irish Times Limited having its registered office at Irish Times Building 24-28 Tara Street, Dublin 2. DigitalworX Ltd can be contacted through this website or at 15 Fleming Place, Ballsbridge, Dublin 4.
(b) The VAT number of DigitalworX Ltd is IE9674611U.
5. MODIFICATION TO THESE TERMS OF SERVICE
Ireland.com reserves the right to modify the Terms at any time and at its sole discretion and without notice to you. It is your responsibility to regularly review the Terms for modifications. By continuing to use the Services, you agree to be bound by the amended Terms.
6. PERSONAL INFORMATION
Ireland.com shall use any personal data collected about the User, or the User’s use of Ireland.com, in accordance with applicable Irish data protection legislation.
Some Services may require you to supply certain personal information. In consideration for the use of the Services, you agree to:
(a) provide true, current, complete and accurate information about yourself 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 you provide 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 stop your use of the Services.
All information requested on original sign up shall 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 you or as otherwise required by law.
Unless you have 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 you. 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 you agree that Ireland.com shall not have any liability with respect to such.
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; to enforce the Terms; 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 or the public.
7. USER ACCOUNT, PASSWORD, AND SECURITY
You are entirely responsible for maintaining the confidentiality of your password and account, and for any and all activities which occur under your account or password. You agree to immediately notify Ireland.com of any unauthorised use of your account, password, or any other breach of security known to you. Ireland.com will not be liable for any loss that you may incur as a result of someone else using or accessing the your password or account, either with or without your knowledge. However, you may be held liable for losses incurred by Ireland.com or any other party as a result of someone else using or accessing your password or account. You will not use anyone else's account at any time without the permission of the account holder. You may change your password or profile by following instructions on the Site.
8. PRIVACY POLICY
Ireland.com has a firm commitment to the privacy and safety of all users (including but not limited children) of the Site. You may view the Ireland.com privacy policy by following URL: http://www.Ireland.com/privacypolicy/generic.ie.
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 issue notices or messages through the Services and this shall constitute notice to you.
10. PROPRIETARY RIGHTS
You acknowledge that content which may be downloaded from or uploaded onto the Site (whether publicly posted or privately transmitted), including but not limited to text, software, music, sound, photographs, video, graphics or other material (the "Content") including anything contained in either sponsor advertisements, or Internet-distributed, commercially produced information presented to you by the Site or Services, by Ireland.com, Ireland.com's advertisers, or other Ireland.com users may be protected by copyrights, trade marks, patents or other proprietary rights and laws and is the sole responsibility of the person from which such Content originated.
You are only granted a limited personal licence for your own personal, non-commercial use of the Site and Services unless expressly otherwise authorised by Ireland.com. You are 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. You may not copy, reproduce, distribute, or create derivative works from the Content without expressly being authorized to do so by the relevant copyright owner.
If you print off, copies or downloads any part of this Site in breach of these Terms, your right to use the Site shall cease immediately and you must at Ireland.com’s discretion return or destroy any copies of material made.
You, and not Ireland.com, are entirely responsible for all Content that you upload, post or otherwise transmit via the Services. Ireland.com does not control Content posted via the Services and does not guarantee the accuracy, integrity or quality of such Content. You agree that in posting Content in any public area of the Site you grant to Ireland.com a royalty-free, perpetual, irrevocable, non-exclusive and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or in part) worldwide and/or to incorporate it into any other works in any form, media, technology currently available or developed in the future.
11. ACCEPTABLE USE
You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable.
You agree to not use the Services to attempt to or actually to:
a. upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. 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;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content 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);
e. upload, post or otherwise transmit any Content 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);
f. upload, post or otherwise transmit any Content that infringes any patent, trade mark, trade secret, copyright or other proprietary right of any party;
g. upload, post or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," create "crush" sites or any other form of solicitation;
h. "stalk" or otherwise harass another;
i. collect or store personal data about other users without their knowledge and permission;
j. 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;
k. breach any applicable laws or regulations;
l. upload, post or otherwise transmit any material that contains software, a virus or any other computer code, files or programs designed to interrupt, destroy, harness, control or limit the functionality of any computer software or hardware or telecommunications equipment;
m. 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;
n. 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;
o. 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; or
p. create a false identity for the purpose of misleading others.
12. INDEMNIFICATION
You agree 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:
a. your use of the Services or any part or them;
b. the violation of these Terms or any provision by you;
c. the infringement or misappropriation by you, or a third party using your computer, of any account or password to access and/or use the Services;
d. the infringement or misappropriation by you, or a third party using your computer, of any intellectual property rights of any person or entity;
e. the use or misuse by you or third parties of your passwords or accounts; or
f. damage to your computer system or loss of data that results from any Content downloaded or otherwise obtained from the Site.
13. MONITORING AND BLOGS
Ireland.com has no obligation to monitor the Services but reserves the right to do so and to remove any Content at its sole discretion at any time without notice. During any monitoring, information may be examined, recorded, copied and used for authorised purposes in accordance with the Ireland.com privacy policy and applicable privacy laws and regulations. Use of the Services constitutes consent to such monitoring.
Blogs on the Service may permit registered users to submit comments to the blogs. Ireland.com staff, in their sole discretion, may review, edit and shorten the submitted comments. Ireland.com staff, in their sole discretion may select certain comments to post. Blog comments may include one or more of the following: your screen name, first name, last name initial and state. In some instances we may ask registered users how they would like to be identified in a blog comment.
By making a comment to a blog, you are representing and warranting 1) that you are at least eighteen (18) years old and 2) that your comment does not breach the rights of any other person or entity. You will not receive any compensation for your comment or for granting any of these rights. Ireland.com is not obligated to use your comment.
14. 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, at any time, with or without notice to you. Ireland.com shall not be liable to you 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.
15. BRINGING THE SERVICE TO AN END
(a) Ireland.com reserves the right to stop all or part of the Services at any time without notice, and without issuing any refunds if you are in breach of the Terms. Ireland.com shall not be liable to you or any third party for any loss or damage howsoever arising from the termination of the Services or any part of them.
(b) Ireland.com reserves the right to stop your account following the expiry of the subscription period and to delete all information and files on these accounts if you do not renew the subscription. You can renew the subscription within fourteen (14) days only, following the expiry of the subscription period. After this fourteen (14) day period a 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 use by a different User. If you seek to renew an expired subscription and account, Ireland.com, at its sole discretion, may allocate a new account to you.
16. SERVICES PROVIDED BY THIRD PARTIES
(a) 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 you agree 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 you and such advertiser or third party. You agree 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 you containing advertisements, special promotions, and other marketing subject to your permission. You must decide to "opt-in" to our e-mail messages during the registration process or through a link on the Ireland.com site if you 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. You agree 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) Advertising
Ireland.com may place advertisements on the Site or work with a third party to place such advertisements. Advertisements placed on the Site may include but are not limited to banner ads, paid links, pop-up windows, buttons, and sponsorships. You agree that Ireland.com has the right to run such advertisements and promotions.
Ireland.com does not control the content of these services which are 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 you and such advertiser or third party. You agree 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.
17. DISCLAIMER OF WARRANTIES
(a) Ireland.com provides the Site and Services on an "as is" and "as available" basis, and you use the Site and Services at your 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 representation or warranty of any kind that the Site or Services will meet your 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) You understand and agree that any Content downloaded or otherwise obtained through the use of the Site or Services is done at your own discretion and risk. Ireland.com is not responsible for any damage to your computer system or loss of data that results from the download of such Content.
(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 you use 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 you from Ireland.com shall create any warranty.
18. LIMITATION OF LIABILITY
Ireland.com shall not be liable whether by breach of contract, tort (including but not limited to negligence) or statutory duty for any loss of use, interruption of business, loss of profit, loss of business, loss of data or any financial or economic loss, or any direct or indirect, special, incidental or consequential damages of any kind even if Ireland.com has been advised of the possibility of such damages, howsoever arising, out of use of the Site or Services.
19. LAW The Terms 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.
20. MISCELLANEOUS
(a) No right may be assigned, and no duty may be delegated, by the User under this Agreement except upon the prior 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 at its sole discretion to assign this Agreement. These Terms shall be binding upon and shall endure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided.
(b) 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.
(c) 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.
(d) The Terms and any documents expressly referred to comprise the entire agreement between you and Ireland.com and supersede all prior agreements between the parties with respect to their subject matter.
(e) Any waiver (express or implied) by either party of any breach of these Terms shall not constitute a waiver of any other or subsequent breach. No provision of the Terms 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 Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Ireland.com in writing.
(f) The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.
21. VIOLATIONS
Any abuse of the Services, including but not limited to the violation of these Terms 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.
Please report any violations of these Terms to Ireland.com at tcviolation@digitalworx.ie
22. ADDITIONAL TERMS AND CONDITIONS FOR PARTICULAR SERVICES
(a) 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 on an “as is” basis through this service or that defects in the service will be corrected.
(b) E-MAIL
You agree to use the E-mail service for personal, non-commercial use only (refer to Clause 23 for terms of commercial usage). You agree 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 you can access the service in any given period of time.
You agree 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 may immediately stop 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 your account for any reason whatsoever there is no obligation on Ireland.com to forward any unread or unsent messages to you or a third party.
23. ADDITIONAL TERMS AND CONDITIONS FOR A COMMERCIAL USER
As a Commercial User you agree to pay the Commercial User Services fees where applicable as determined by Ireland.com from time to time.
As a Commercial User you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Content without expressly being authorised in advance to do so by the relevant copyright holder.
As a Commercial User you also agree 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 as a Commercial User you further agree 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 loss as defined in Clause 18 arising as a direct or indirect result of the Site or Services.
If, as a Commercial User, you subscribe to any Services on the Site, and that service is access to a periodical, magazine or newspaper (whether electronic or paper), once you have subscribed to such Services, you will not be entitled to cancel such subscription pursuant to EC (Protection of consumers in respect of contracts made by means of distance communication) Regulations 2001 (S.I. 207 of 2001). Where you purchase any electronic content via the Sites, you will also not be entitled to cancel such purchase pursuant to EC (Protection of consumers in respect of contracts made by means of distance communication) Regulations 2001 (S.I. 207 of 2001) as such content cannot be returned once sent. If you purchase any other Services from the Site from an Ireland.com group company, you will not be entitled to cancel such Services once you have started to receive such Services.
If, as a Commercial User, you have subscribed to a Site, or any service offered by an Ireland.com group company via the Site, no refunds will be payable on any subscription payments arising out of the User’s cancellation of the subscription. Your cancellation rights in respect to any goods or services offered by a third party will be subject to the terms and conditions of that third party.
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