Introduction
Welcome to Club-Ireland.com. Club-Ireland.com is operated by Club-Ireland Ltd. By using the Club-Ireland Service you accept and agree to be bound by the following terms and conditions (the 'Terms of Service'). Where applicable under law, these Terms constitute a 'writing signed by you.'
Changes to Club-Ireland.com and the Terms of Service
We reserve the right, at our sole discretion, to change, modify, add, or delete
portions of these Terms of Service at any time without further notice. If we do
this, we will post the changes to these Terms of Service on this page and will indicate
at the top of this page the Terms of Serivce's effective date. Your continued use
of the Web site after any such changes constitutes your acceptance of the new Terms
of Service. You are responsible for regularly reviewing these Terms of Service so
that you will be apprised of any changes.
Eligibility and Registration
By registering for the Club-Ireland Service, you represent and warrant that you
have the capacity to understand, agree to and comply with these Terms of Service.
You should provide true, accurate and complete registration information to be a
Club-Ireland.com member ('Member'). As part of the registration process, you will
be asked to select a username and password and you will be responsible for all activities
occurring under your username and for keeping your password secure. We may refuse
to grant you a username that impersonates someone else, is or may be protected by
trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate,
as determined by us in our sole discretion.
Member Conduct and Appropriate Content
You may not use the Club-Ireland Service for any illegal or unauthorized purpose.
International users agree to comply with all local rules regarding online conduct
and acceptable content, including laws regulating the export of data from the United
States or your country of residence. You are solely responsible for your conduct
and any data, text, information, graphics, photos, profiles, audio and video clips,
links and other content ('Materials') that you submit, post, and display on the
Club-Ireland.com Service. We may, but shall have no obligation to, remove Materials
that we determine in our sole discretion are unlawful, fraudulent, threatening,
libelous, defamatory, obscene or otherwise objectionable, or infringes or violates
any party's intellectual property or other proprietary rights or these Terms of
Service. Further, under no circumstances does Club-Ireland have any obligation to
check the accuracy or truthfulness of the any Materials, nor to monitor any Member's
use of the Club-Ireland Service.
CONDITIONS FOR USE
You agree to abide by all applicable local, state, national and international laws
and regulations and are solely responsible for all acts or omissions that occur
under your account made by you including the content of your transmissions through
the Club-Ireland Service. By way of example, and not as a limitation, you agree
NOT to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights
(such as rights of privacy and publicity) of others.
- Publish, distribute and/
or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory,
infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable
material or information.
- Use other Members' personal data for purposes other than
establishing contact that is reasonably expected to be welcomed by such other Members
- Submit Materials that are unlawful or promote or encourage illegal activity or
that would violate the property rights of others.
- Submit Materials of any third
party without such third party's prior written consent, or Materials that falsely
express or imply that such Materials are sponsored or endorsed by Club-Ireland.com
- Create a false or misleading identity of, including, but not limited to, a Club-Ireland
employee, or falsely state or otherwise misrepresent your affiliation with a person
or entity, for the purpose of misleading others as to the identity of the sender
or the origin of a message or to harvest or otherwise collect information about
others.
- Transmit, email or post any material that contains in any form software
viruses or such programs as including but not limited to, Trojan horses, worms,
time bombs, cancel
-bots, computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or telecommunications
equipment.
- Use the Club-Ireland.com Service in any unlawful manner or in any other
manner that could damage, disable, overburden or impair the website. - Attempt to
gain unauthorized access to the Club-Ireland Service, other accounts, computer systems
or networks connected to the Club-Ireland Service, through password mining or any
other means. - Modify, adapt, translate, or reverse engineer any portion of the
Club-Ireland Service, or use any robot, spider, site search/retrieval application,
or other device to retrieve or index any portion or the Club-Ireland.com Service.
- Reformat or frame any portion of the web pages that are part of the Club-Ireland.com
Service.
- Disseminate content that infringes any patent, trademark, trade secret,
copyright, rights of privacy or publicity, or other proprietary right of any party
or infringes any intellectual property law or any other applicable law.
- Remove
any copyright, trademark or other proprietary rights notices contained in or on
the Club-Ireland Service.
- Disseminate any unsolicited or unauthorized advertising,
promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes',
or any other form of such solicitation.
- Interfere with another Member's use and
enjoyment of the Club-Ireland Service.
- Harvest or collect email addresses or other
contact information of Members, including usernames, from the Club-Ireland.com website
by electronic or other means.
Club-Ireland.com's Proprietary Rights
By submitting, posting or displaying any Materials on or through the Club-Ireland
Service, you automatically grant to Club-Ireland a worldwide, non-exclusive, sublicenseable,
transferable, royalty-free, perpetual, irrevocable right to copy, distribute, create
derivative works of, publicly perform and display such Materials. That said, our
use of your personal information is governed by our Privacy Policy and we will never
disclose your personally-identifiable information for marketing purposes to any
third party unless you expressly tell us to. Club-Ireland, Inc. and its affiliates
and licensors own and retain all rights in the Club-Ireland.com Web site and Club-Ireland
Service, which contain proprietary and confidential information that is protected
by applicable intellectual property and other laws, including without limitation
all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and
(6) design presented through and as part of the Club-Ireland Service by Club-Ireland.com.
Except as expressly authorized by Club-Ireland.com, you may not copy, modify, publish,
transmit, distribute, perform, display or sell any of Club-Ireland.com's proprietary
information. 'Club-Ireland' and 'Club-Ireland.com' are trademarks of Club-Ireland,
Ltd.
Privacy Policy
We take your privacy very seriously and collection and use of personal information
is governed by our Privacy Policy.
Copyright Policy
Club-Ireland respects the intellectual property rights of others. If you believe
your work has been copied in a way that constitutes copyright infringement or are
aware of any infringing material on the Web site, please contact us and provide
us with the following information: an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest; a description
of the copyrighted work that you claim has been infringed; a description of where
the material that you claim is infringing is located on the Web site (including
a URL and/or screen shot); your address, telephone number, and email address; a
written statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; a statement by
you, made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on the copyright
owner's behalf.
Internet Access
Club-Ireland.com shall not be responsible for any connection or access to the Club-Ireland.com
website by you or the quality of the transmission of any information passing between
you and the website. You will be responsible for providing your own communications
equipment to access the Club-Ireland.com website via the Internet, and the Internet
access charges thereon.
Termination of the Club-Ireland Service
These Terms of Service will apply to your use of the Club-Ireland Service. At any
time, you can terminate your account which will remove your homepage and other personal
information from view. To learn how to cancel your account click here. We may terminate
your membership immediately at any time, for any reason. Once your membership terminates,
you will have no right to use the Club-Ireland Service. Our proprietary rights,
disclaimer of warranties, indemnities, limitations of liability and miscellaneous
provisions shall survive any termination of your membership.
Club-Ireland may also, in its sole discretion and at any time, discontinue temporarily
or permanently providing the Club-Ireland Service, or any part thereof, with or
without notice. You agree that any termination of access to the Club-Ireland Service
under any provision of the Terms of Service may be effected without notice, and
acknowledge and agree that Club-Ireland may immediately deactivate or delete your
account and all related information and files in your account and/or bar any further
access to such files or the Club-Ireland Service. Where possible, Club-Ireland will
use reasonable efforts to give Members fair notice of termination or suspension
of their access to the Club-Ireland Service. Further you agree that Club-Ireland
shall not be liable to you or any third party for any termination or suspension
of access to the Club-Ireland Service or modification of the Club-Ireland Service.
Disclaimer of Warranties
Club-Ireland Ltd. and its affiliates, licensors, partners, members, suppliers, employees,
consultants and agents ('Club-Ireland') disclaim any and all responsibility or liability
for the accuracy, content, completeness, legality, reliability, or operability or
availability of information or Materials displayed on the Club-Ireland Service.
Club-Ireland further expressly disclaims (1) that the Club-Ireland Service will
meet your requirements and will be uninterrupted, error-free, timely, or secure,
(2) that defects or errors will be corrected, (3) that the Club-Ireland Service
or the server that makes it available are free of viruses or other harmful components,
and (4) that the use of or the results of the use of the Club-Ireland Service or
the content made available as part of the Club-Ireland Service will be correct,
accurate, timely, or otherwise reliable. Club-Ireland expressly disclaims any and
all responsibility and liability for the conduct of any other Member, and expressly
disclaims that the content and Materials of the Club-Ireland Service input by other
Members is correct or accurate.
THE CLUB-IRELAND SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION,
TEXT, GRAPHICS,LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH
THE CLUB-IRELAND SERVICES), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED
'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. CLUB-IRELAND
EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED,
AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT
OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied
warranties, so the above disclaimers and exclusions may not apply to you. YOU AGREE
THAT YOUR USE OF THE CLUB-IRELAND SERVICE IS ENTIRELY AT YOUR OWN RISK.
Limitation of Liability
YOUR USE OF THE CLUB-IRELAND SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES
WILL CLUB-IRELAND, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE
OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR
ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE
DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE,
DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY,
OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE,
THE CLUB-IRELAND SERVICE, WHETHER OR NOT CLUB-IRELAND HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE CLUB-IRELAND SERVICE, FROM
INABILITY TO USE THE CLUB-IRELAND SERVICE, OR FROM THE INTERRUPTION, SUSPENSION,
OR TERMINATION OF THE CLUB-IRELAND SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD
PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH
THE CLUB-IRELAND SERVICE OR ANY PART OF THE CLUB-IRELAND SERVICE YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE CLUB-IRELAND SERVICE AND ITS RELATED WEBSITE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Notices
Club-Ireland may provide you with notices regarding the Club-Ireland.com Service
or these Terms of Club-Ireland Service by regular mail, email, or postings to this
Web site.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes,
ordinances, regulations, contracts and applicable licenses regarding your use of
the Club-Ireland Services.
Miscellaneous
Without limiting the foregoing, under no circumstances shall Club-Ireland be held
liable for any delay or failure in performance resulting directly or indirectly
from acts of nature, forces, or causes beyond its reasonable control, including,
without limitation, Internet failures, computer equipment failures, telecommunication
equipment failures, other equipment failures, electrical power failures, strikes,
labour disputes, riots, insurrections, civil disturbances, shortages of labour or
materials, fires, floods, storms, explosions, acts of God, war, governmental actions,
orders of domestic or foreign courts or tribunals, non-performance of third parties,
or loss of or fluctuations in heat, light, or air conditioning. These Terms of Service
constitute the entire agreement between you and Club-Ireland with respect to the
subject matter hereof and supersedes and replaces all prior or contemporaneous understandings
or agreements, written or oral, regarding such subject matter. Any waiver of any
provision of the Terms of Service by a party will be effective only if in writing
and signed by a party.