Please note that by using this website or our mobile applications (for example our iPhone and iPad apps) (a “Site”), you accept these Terms. They also apply to communications sent from this site such as newsletters, competitions and marketing information and advertising. If you do not accept these Terms, do not use this Site or subscribe to its applications and promotions. We may change these Terms from time to time, so you should review them each time that you visit the Site. You should print a copy of these Terms for future reference.
Index
1.1. This Site and its applications is operated by Associated Newspapers (Ireland) Limited, trading as DMG Media Ireland, a company registered in Ireland under company number 347441 with a registered office at Top Floor, Two Haddington Buildings, 20-38 Haddington Road, Dublin 4, DO4HE94 (“we”, “us”, “our”). Our VAT number is 6367441I. You can contact us using the following email address: info@dmgmedia.ie
2.1. You may view (and, where applicable, listen to) the content available on the Site for personal non-commercial use. You may occasionally print individual webpages on the Site for your private non-commercial use, provided that such printing is not substantial or systematic and our trade marks and copyright and trade mark notices are not removed.
2.2. Unless otherwise stated, you must be 16 years or older to subscribe to other applications and promotions on this site, including newsletters and competitions.
2.3. Unless otherwise stated in these Terms, you must not (whether directly or indirectly) copy, download, store, make available, distribute, sell or offer to sell all or any part of the content or Site, or download or otherwise copy (whether directly or indirectly) any content, files or data from the Site to make or populate a database or publication of any kind whatsoever. If you require any further information on permitted use, or a licence to re- publish any part of the Site (or any Content), please email us at info@dmgmedia.ie or contact us by telephone on 012560800.
2.4. You may only play video or audio files using the media player on our Site.
2.5. If you would like a friend to read a story or watch or listen to a video or audio file on our Site, please use the ‘Email to a Friend’ or ‘Share this Article’ facilities on our Site, or you may email a link to our Site to your friend or simply ask them to visit our Site. You may also wish to notify friends of other applications and promotions on our site by, for example, using the ‘forward to a friend’ facility on our newsletter. Please ensure that you have their consent before giving us their details.
2.6. You must not use all or any part of our Site or the contents on it for commercial purposes without our permission.
2.7. Users, whether or not registered, must not abuse our Report Abuse facility, when it is established e.g. by making malicious reports.
3.1. When allowed for on this Site, you must be 16 years old or older to register and submit material (e.g. comments) to the Site.
3.2. The facility to post comments will initially only be available through a Facebook account owned by you.
3.3. You may have to choose an email address which gives you frequent access to emails sent to that address, as we may need to be able to contact you. You must keep any password confidential, if that is needed to register.
3.4 You must not:
(i) impersonate or try to impersonate another person;
(ii) disclose your password to anyone else;
(iii) allow anyone else use your account;
(iv) use anyone else’s account.
3.5. You are responsible for everything done using your account. If you think that someone else may have access to, or be using, your password or account, you must tell us as soon as possible by emailing info@dmgmedia.ie.
4.1. We may publish, check, edit or remove all or part of the comments or other material, including your name, town and country, which you submit to us (‘Your Content’), at our sole discretion. We are not obliged to do any of these things and we may not.
4.2. You retain any copyright you may have in Your Content. By submitting material to us, you grant us a royalty-free, perpetual, irrevocable, non-exclusive worldwide licence to use, copy, edit, adapt, publish, translate, create derivative works from, make available, communicate and distribute Your Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. By submitting Your Content, you warrant that you have the right to grant this licence. The licence is capable of sub-license by us to other entities and brands in our group of companies (including, without limitation, Evoke.ie, Extra.ie and related sites).
4.3. To the extent permitted by law, you waive your moral rights (e.g. the right to be identified as author or to object to derogatory treatment) in Your Content.
This clause 4 means, for example (without limitation), that we can:
5.1. You must not submit any material to our Site that:
(a) is:
(i) defamatory, malicious, threatening, false, misleading, offensive, abusive, discriminatory, harassing, blasphemous or racist,
(ii) indecent, obscene or of a sexual nature,
(iii) a breach of confidentiality or someone’s privacy;
(b) could prejudice any active legal proceedings of which you are aware;
(c) is likely to:
(i) cause someone alarm, anxiety or distress;
(ii) encourage violence or racial or religious hatred;
(d) infringes any intellectual property rights, such as copyright and trade marks. This means generally that you must own the rights in everything you submit or must obtain permission from the rights owner to submit the material;
(e) is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct);
(f) advertises any product or services;
(g) impersonates anyone else or otherwise misrepresents your identity, affiliation or status;
(h) is in breach of these Terms, our Privacy Policy, and/or House Rules;
(i) is, encourages or teaches conduct that is a criminal offence, gives rise to civil liability, or is otherwise unlawful;
5.2. You must not include links on the Site to any websites or webpages.
5.3. You must not try to get around any protections we put in place for the security and operation of the Site.
5.4. You must not re-submit content which you are aware has been removed.
6.1. We may suspend, terminate or prevent your registration at our sole discretion. This may be because, for example, we consider that you have breached or will breach these Terms or our House Rules or someone has reported abuse. However, we are not obliged to do these things; we decide whether to do so.
6.2. Where we suspend, terminate or prevent your registration, you must not attempt to re-register or submit content (e.g. using someone else’s registration), without our permission. The period of any suspension depends on all the circumstances.
7.1. We are not liable or responsible for the third party content on this Site. Third party content includes, for example, comments posted by users and the content of advertisements, including advertisements included in promotions, competitions and our newsletter.
7.2. Where this Site contains links to other sites and resources, which are provided by third parties, these links and resources are provided for your information only and you access them at your own risk. We are not liable or responsible for the content of third party sites or resources.
If you see something which you reasonably believe breaches these Terms or our House Rules, please use the Report Abuse facility. If there is no facility available, please contact us on info@dmgmedia.ie
8.1. We will use your personal information in accordance with our privacy policy, which forms part of these Terms. Please read our Privacy Policy now.
9.1. The information contained on this Site is for information purposes only and does not constitute advice. You should check any information on the Site and use your own judgement before doing or not doing anything on the basis of what you see. We give no warranties of any kind in relation to the Site or its contents.
9.2. Except for liability for fraudulent misrepresentation, we are not liable for:
(a) any action you may take as a result of relying on any information provided on this Site or for any loss or damage suffered by you as a result of you taking this action;
(b) any dealings you have with third parties (e.g. other users, advertisers or promoters) that take place using or facilitated by the Site;
(c) any liability for losses which are not a foreseeable or likely consequence of (i) your use of the Site, or (ii) a breach of these Terms.
9.3. We are not responsible if you cannot access the Site properly or at all because of any event outside our control, for example (without limitation) the performance of your or our ISP, your browser or the Internet.
9.4. The Site relies in part on software to work. Software has bugs. Whilst we will monitor the Site and try to fix bugs, we cannot guarantee that the Site or any individual feature of the Site will be error free, available all the time and/or free from viruses.
9.5. However, nothing in these Terms will affect any liability we may have for death or personal injury arising from our negligence or any other liability which cannot be excluded or limited by law.
10.1. Making your use of the Site enjoyable means we need to fix bugs, install updates and do general diagnosis and maintenance of the Site. We will try to do scheduled maintenance during times when we anticipate that online use is lower than normal.
10.2. We also need to be able to do emergency maintenance and/or suspend access to the servers where, in our reasonable discretion, we see the need to do that. We will try to have the Site available again as soon as we think it is safe to do so.
11.1. If any part or provision of these Terms is found to be unlawful or unenforceable, this shall not affect the validity of any other part or provision.
12.1. These Terms are governed by Irish law. The Irish courts shall have exclusive jurisdiction over any dispute relating to these Terms.