:: Terms & Conditions
TERMS OF SERVICE
1. INTRODUCTION
InishowenNews.com is the website address of local community news
service, Inishowen News. The InishowenNews.com website ("the site")
and services are offered to you upon condition of your
acceptance without modification of the terms and conditions
("the TAC") below. By viewing and using the site you are
deemed to consent to the TAC. 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 InishowenNews.com, you
("the user") are deemed to warrant that you are 18 years or
over, or under the supervision of an adult.
2. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
InishowenNews.com provides free access to its site. The
Services are provided to the user under the terms and conditions
of the TAC and any operating rules or policies that may be
published from time to time by InishowenNews.com. The TAC
comprise the entire agreement between the user and
InishowenNews.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
InishowenNews.com from time to time.
4. MODIFICATIONS OF TERMS OF SERVICE
InishowenNews.com reserves the right to modify the terms and
conditions of the TAC at any time and at its sole discretion and
without notice to you. It is the responsibility of the user to
regularly review the TAC for modifications. By continuing to use
the services, the user agrees to be bound by the amended TAC.
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 if required to
keep it true, current, complete and accurate.
If the user provides any information that is untrue, not
current, incomplete or inaccurate, or InishowenNews.com has
reasonable grounds to suspect that such information is untrue,
not current, incomplete or inaccurate, InishowenNews.com has the
right to suspend or terminate your use of the services.
All information requested on any submission form shall
hereafter be referred to as "Form Information".
Users who do not wish the use of the Form Information to be used
for direct marketing purposes may "opt-out" in writing at any
time. InishowenNews.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 InishowenNews.com
shall not have any liability with respect thereof.
InishowenNews.com reserves the right to disclose the Form
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 TAC; to respond to
any complaint received regarding the rights of third parties; or
to protect the rights, property, or personal safety of
InishowenNews.com, its users and the public.
6. PRIVACY POLICY
A user can access our site and utilise a number of our services
without providing any information at all. However, all
users who submit a form to InishowenNews.com provide basic
contact and demographic information which may be used for
marketing purposes.
7.INFORMATION REQUIRED BY LAW
InishowenNews.com is required by law to provide the User with
the following information:
InishowenNews.com is a website address of Linda McGrory t/a
Inishowen News. Inishowen News can be contacted through
this website or at Moville, Co Donegal.
8. NOTICE
All notices to a party shall be in writing and shall be made
either via online announcements, e-mail, or conventional mail.
9. 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, by
Inishowen News, InishowenNews.com's advertisers, or other
InishowenNews.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 InishowenNews.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.
10. INDEMNIFICATION
The user agrees to indemnify, defend (at Inishowen News's
request), and hold InishowenNews.com, its 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 TAC 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 intellectual property rights of any person or
entity.
11. MONITORING
InishowenNews.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.
12. COMPLAINTS PROCEDURE
Any abuse of the services, including but not limited to the
violation of these TAC or any provision therein, or the
infringement or misappropriation by any user, or a third party
using a user's computer, of any use the services, or of any
intellectual property rights of any person or entity should be
reported immediately to InishowenNews.com.
13. MODIFICATIONS AND DISCONTINUANCE OF THE SERVICES
InishowenNews.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.
InishowenNews.com shall
not be liable to the user or any third party should
InishowenNews.com
exercise its right to modify or discontinue the site or
services.
14. THIRD PARTIES
(a). Advertising
InishowenNews.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, links,
business articles, business listings, and sponsorships. The user
agrees that InishowenNews.com has the right to run such advertisements
and promotions.
InishowenNews.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 InishowenNews.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 InishowenNews.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
InishowenNews.com and/or third parties may, from time to time, send
e-mail messages to the user containing advertisements, special
promotions, and other marketing. InishowenNews.com has the
right to partner with any e-mail marketers. User correspondence or business
dealing with advertisers or third parties 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
InishowenNews.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 InishowenNews.com and the user agrees that
InishowenNews.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 InishowenNews.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 InishowenNews.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.
15. DISCLAIMER OF WARRANTIES
(a). InishowenNews.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). InishowenNews.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). InishowenNews.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
InishowenNews.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). InishowenNews.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.
InishowenNews.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). InishowenNews.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). No advice or information, whether oral or written, obtained
by the User from InishowenNews.com shall create any warranty not
expressly made herein.
16. LIMITATION OF LIABILITY
InishowenNews.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 InishowenNews.com has been advised of
the possibility of such damages, howsoever arising, out of use
of the Site or Services.
17. LAW
The TAC shall for all purposes be governed by and interpreted in
accordance with the laws of Ireland. The user and
InishowenNews.com
agree to submit to the exclusive jurisdiction of the courts of
Ireland. The place of performance of this Agreement shall be
Ireland.
18. ASSIGNMENT
No right may be assigned, and no duty may be delegated, by the
user under this Agreement except upon the written consent of
Inishowen News and any attempted assignment and delegation without
such consent shall be void and without effect. Inishowen News shall
be entitled to assign this agreement. This TAC 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.
19. 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.
20. 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.
21. WAIVER
Any waiver (express or implied) by either party of any breach of
this TAC shall not constitute a waiver of any other or
subsequent breach. No provision of the TAC 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 Inishowen News's failure
to exercise or enforce any right or provision of the TAC shall
not constitute a waiver of such right or provision unless
acknowledged and agreed to by InishowenNews.com in writing.
22. TITLES
The section titles in the TAC are solely used for the
convenience of the parties and have no legal or contractual
significance.
© Copyright 2007 Inishowen News. All
Rights Reserved.
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