IMPORTANT
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS SET OUT THE BASIS UPON WHICH YOU ARE ENTITLED TO ACCESS AND USE THIS WEBSITE. BY ACCESSING THIS WEBSITE YOU WILL BE DEEMED TO HAVE ACCEPTED THESE TERMS AND CONDITIONS.
- Definitions
In these Terms and Conditions, the following terms will have the following meanings:
“Content” means any message, data, information, text, music, sound, photos, graphics, code, logos, button icons, images, audio clips, software or other material;
“Promostop” means [Promostop] and includes its successors and assigns and/or, where relevant, any agents acting on its behalf;
“Interactive Areas” means discussion fora, bulletin boards, blogs, user reviews or other fora in which users may Post Content on this website;
“Post” means post, upload, transmit, disseminate, distribute, store, create or otherwise publish;
- Intellectual Property (including copyright)
All Content included on this website is the property of Promostop or its content suppliers and is protected by applicable copyright and/or other intellectual property laws.
All software used in this website is the property of Promostop or its software suppliers and is protected by applicable copyright and/or other intellectual property laws.
You acknowledge that you are only permitted to use any material contained on this website as authorised by and you further agree not to copy, reproduce, transmit, distribute or create derivative works of such material without the prior written authorisation of Promostop.
The compilation (meaning the collection, arragement and assembly) of all Content on this website is the exclusive property of Promostop and is protected by applicable copyright and/or other intellectual property laws.
- Use of Website
Promostop does not actively monitor use of its Interactive Areas or the content of e-mail messages. Similarly, Promostop does not exercise editorial control over the Interactive Areas or the content of any website, electronic mail transmission, news group, bulletin board, chat forum or other material created or accessible over or through this website. However, Promostop reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content Posted on this website at any time and for any reason.
Using this website for the purposes of browsing and Posting material in the Interactive Areas is permitted. Any other use of the Content and software on this website, including the reproduction, modification, distribution, transmission, republication or display of the Content on this website without Promostop’s express permission is strictly prohibited.
From time to time, Promostop may run competitions through this website. Participation in any such competition will be subject to further competition terms and conditions which will be made available prior to entry. Participation in a competition will be deemed to constitute acceptance of those terms and conditions.
Promostop reserves the right to refuse access to this website and/or any services contained herein in its discretion, including, without limitation, if Promostop believes that particular conduct violates applicable law, is harmful to the interests of Promostop or is in breach of these Terms and Conditions.
The following constitutes a misuse of this website and the services (including the Interactive Areas) offered by Promostop:
- using the website and/or the services for any improper, unlawful or immoral purpose,
- causing any nuisance by your use of the website and/or the services or causing the operation of the website or services to be jeopardised or impaired;
- using the website or services to create, host or transmit material which infringes the copyright, trademark, patent, trade secret or other proprietary rights of any other party;
- adding, removing or modifying identifying network header information in an effort to deceive or mislead;
- using the website or services to access, or to attempt to access the accounts of others or to attempt to penetrate security measures of Promostop or other entities’ computer software, hardware, electronic communication system, or telecommunications system;
- using the website or services to collect, or attempt to collect, personal information about third parties without their knowledge or consent;
- knowingly or recklessly introducing viruses, trojans, worms, logic bombs or other material which is malicious or harmful;
- attacking this website via a denial-of-service attack or a distributed denial-of-service attack; attempting to gain unauthorised access to this website, the server on which this website is stored or any server, computer or database connected to this website;
- reselling any service provided by Promostop, its servants or agents without Promostop’s prior written consent;
- using the website or services to make fraudulent offers to sell or buy products, items or services;
using the website or services to Post on this website any of the following:
- Content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, offensive, harassing, threatening, abusive, inflammatory, fraudulent, invasive of privacy or publicity rights or otherwise objectionable or inappropriate;
- Content that would constitute, encourage or provide instructions for the commission of a criminal offence, infringe the rights of any party, or otherwise infringe any applicable law;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- unsolicited promotions, political campaigning, advertising or solicitations;
- personal data of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers;
- Content that, in Promostop’s sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or this website, or which may expose Promostop or users of this website to any harm or liability of any type;
You agree to indemnify, keep indemnified and hold harmless Promostop against any loss, damage or expense incurred by Promostop arising out of your misuse of this website or the services or the information accessible through Promostop’s website service or from any breach by you of these Terms and Conditions.
Please note that Promostop has the ability to trace your IP address and if necessary contact your internet service provider in the event of a suspected breach of its Terms and Conditions. - Compliance with Applicable Laws
Due to the global nature of the internet you agree to comply with all local laws regarding on-line conduct and acceptable content. You also agree to comply with any applicable rules regarding the export of any technical data from any country.
- Links to Other Websites and to Our Website
Promostop may provide links to websites operated by third parties. Such links are provided for your convenience only. Promostop has no control over these websites and is not responsible for their availability or content. Inclusion by Promostop on this website of links to such other websites does not imply any endorsement of the material on such websites or any association with their operators.
If you wish to include a link to this website on your third party website, you may do so if (i) you comply with these Terms and Conditions and (ii) you link to the first page of this website.
- Limitation of Liability and Disclaimer
Promostop will use reasonable endeavours to ensure that this website is fully operational at all times. However, due to the nature of interactive services and the internet generally, Promostop cannot guarantee that this website will be free from delays, interruptions or errors.
Promostop will use reasonable endeavours to ensure that any information contained on this website is correct. However, Promostop gives no representations or warranties, express or implied, in relation to the accuracy or completeness of such information. If you discover any incorrect information on this website you can tell us by sending an e-mail to info@promostop.ie.
Except as expressly set out in these Terms and Conditions, all representations, warranties, terms and conditions whether express or implied in relation to this website or the information contained herein are hereby excluded to the fullest extent permitted by law.
Use of this website, any services offered on this website and the information contained on this website is at your own risk. Promostop accepts no responsibility and is not liable for any Content of any kind that is Posted by any third party on this website or any Interactive Area, or for any loss or damage caused as a result thereof.
The opinions expressed in the Interactive Areas are not necessarily those of Promostop. Any statements, advice and opinions made by such participants are those of such participants only. Promostop neither endorses nor shall be held responsible for the reliability nor accuracy of same.
Due to the fact that Promostop cannot guarantee that this website will be fault free or that the information contained on this website will be correct, Promostop does not accept any liability for any damage or loss suffered by you (whether direct, indirect, special, incidental, punitive or consequential loss, including loss of profits, revenue, goodwill, opportunity or data) arising as a result of this website or the information contained herein (including any errors, inaccuracies or omissions in such information or any faults, interruptions or delays in connection with this website) or any transaction made in reliance on the information contained on this website.
Without prejudice to the foregoing, Promostop operates this website on a “notice and takedown” basis. If you believe that any content on this website infringes your rights or the right of a third party, please notify Promostop immediately by sending an e-mail to info@promostop.ie. Although Promostop has no obligation to screen, edit or monitor any of content posted on this website, where an alleged infringement of a third party’s rights is brought to Promostop’s attention, Promostop reserves the right to take steps to edit or remove the relevant content.
- General
These Terms and Conditions and/or the Promostop Privacy Statement may be amended from time to time by Promostop. This website will specify the latest date on which the terms and conditions have been amended.
- Link to Privacy Statement
- Use of Content by Promostop
By Posting Content on this website, unless Promostop indicates otherwise, you grant Promostop a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media whatsoever.
Content submitted by you will be considered non-confidential and Promostop is under no obligation to treat such Content as proprietary information. Without limiting the foregoing, Promostop reserves the right to use the Content as Promostop deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to Post it. Promostop is under no obligation to offer you any payment for Content that you Post or the opportunity to edit, delete or otherwise modify Content once it has been Posted on this website. Promostop shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that:- you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto;
- you have no objection to the publication, use, modification, deletion and exploitation of the Content by Promostop or its licensees, successors and assigns; and
- you hereby waive any and all moral rights you may have in the Content under any legislation now existing or in the future enacted in any part of the world.
- Representations and Warranties
You represent and warrant that:
- any personal information provided by you to Promostop including, without limitation, any personal information in an application form or request for further information in relation to the website and/or services shall be accurate and not misleading in any way;
- you will comply with all applicable laws and regulations regarding your use of the website and/or services; and
- any Content that you Post on this website will comply with these Terms and Conditions and shall not expose Promostop to any civil or criminal liability or otherwise materially adversely affect Promostop’s business or reputation.
- General
These Terms and Conditions and our Privacy Statement represent the entire agreement between Promostop and you in relation to the subject matter thereof and supersede any and all prior promises, representations, agreements, statements and understandings whatsoever between you and Promostop.
Delay or failure by Promostop in enforcing these Terms and Conditions shall not constitute a waiver by Promostop of its rights and remedies.
- Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Ireland.
