Terms & Conditions
TERMS AND CONDITIONS OF USE AGREEMENT
Welcome to the InishTech Terms and Conditions of Use Agreement. This document describes terms and conditions applicable to your use of the services made available by Inish Technology Ventures Limited (“InishTech”, “we” or “us”) at the website www.inishtech.com (the “Site”).
This Terms and Conditions of Use Agreement (hereafter this “Agreement”) sets forth the general terms and conditions which apply to the use by you of the Site, including the features and services offered by us from time to time at or through the Site (collectively with the Site, the “Services”). Upon your acceptance, this Agreement is a legally binding instrument between you and InishTech, and describes your responsibilities in connection with your use of the Services and, among other things, limits the liability of InishTech. Before submitting any account registration form and/or using any of the Services, please read all of this Agreement carefully. By accessing or using any Services, you agree to be legally bound and to abide by this Agreement. If you do not agree with any part of this Agreement, YOU MUST NOT ACCESS OR USE THE SERVICES. Please note that persons under 18 years of age or persons who are otherwise deemed incapable of forming legally binding contracts by applicable law are not authorized to access the Site or use the Services. If you have any questions regarding this Agreement, please write to us at office@InishTech.com.
1. Amendments. We reserve the right, exercisable in our sole discretion, to change, modify, add to, subtract from, or otherwise amend the terms and conditions of this Agreement at any time. Such changes, modifications, or other amendments shall be effective upon notice to you thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Except as may be otherwise expressly stated in any notice given to you by us, all such amendments of this Agreement shall automatically become effective upon the date which is 30 days following the date upon which each such amendment of this Agreement is first posted on the Site. This Agreement may not otherwise be amended. Your continued use of the Services constitutes your binding acceptance of this Agreement, including any changes or modifications made by us as permitted above. You agree to review the terms and conditions of this Agreement periodically to become aware of such revisions. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you must immediately cease all use of the Services. The right to access and use the Services is personal to you and is not transferable to any other person or entity. This Terms and Conditions of Use Agreement was last revised and posted on the Site on 26th May 2009, to have effect from and after 26th May 2009.
2. Your Account(s). You are responsible for maintaining the confidentiality of your registered account(s) with us and any password(s) we may issue to you in connection with your access and use of the Services. If you are a registered user of the Site, you agree to promptly update your account registration information in order to keep it current, complete and accurate. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. If you believe that your account and/or password(s) have been misused or compromised in any manner, please contact us immediately at office@InishTech.com. You shall be solely responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Services and all charges of any description arising from or relating thereto.
3. Your Information.
(a) The term “Your Information” means collectively the following: (i) any information or materials you provide to us in connection with our registration process, your use of any Services, or in email correspondence with us, (ii) any information or materials you provide to other users of the Site in any public message board or chat room area or in connection with your use of any Services, and (iii) any information or materials you provide to third parties having a business affiliation with InishTech in connection with your use of any Services. Please note that the information and materials included in Your Information may include without limitation textual information, graphic images, photographs, and audio-visual materials.
(b) You represent, warrant and agree that Your Information does not and shall not (i) violate any applicable law (including, without limitation those relating to import and export control, consumer protection, and false advertising), (ii) infringe the intellectual property rights of any third party, including without limitation any copyright, patent, trademark, trade secret or other proprietary rights, (iii) infringe the right to privacy or publicity of any third party, (iv) defame any third party or contain libelous material, (v) contain obscene or pornographic material, (vi) contain any virus or other computer programming that may damage, intrusively monitor, compromise the security of, or otherwise interfere with the operation of the Site or the Services, or data provided by other participants on such Site, or (vii) damage the reputation, business or goodwill of InishTech. In addition to any other lawful remedies, if we believe that any of Your Information posted on the Site does not conform to the foregoing requirements or otherwise may expose you or InishTech or any of its subsidiaries and affiliates to potential liability or the threat of litigation, then InishTech may, in its sole discretion, delete such information. You agree that you shall be solely liable for any claims or damages resulting from any infringement of copyrights, proprietary rights, or other legal rights or any other harm resulting from the submission of Your Information.
(c) To enable us to use Your Information, so that we are not violating any rights you might have in Your Information, you agree to grant us, and hereby do grant us, a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable (through multiple tiers) license to exercise all of the copyright and publicity rights you have in Your Information, and to make derivative works based on Your Information and exercise all of the copyright and publicity rights in such derivative works, in each case in any media now known or hereafter existing. If you submit material included in Your Information to any public area of the Site, you also agree to permit any other user of the Services to access, view, store or reproduce such material for that user’s personal use.
(d) We will only use Your Information in accordance with our Privacy Policy, which is hereby incorporated by reference and made a part of the terms and conditions of this Agreement. By agreeing to the terms and conditions of this Agreement, you also give your consent to the way we may use your Information pursuant to the Privacy Policy. We will not use Your Information for any other purpose or disclose it to any other person, unless you have given your consent to InishTech doing so, either during registration or at some other time. We may also disclose Your Information if we are either compelled to do so by law, or in response to a valid, legally compliant request by a law enforcement or governmental authority.
4. Copyright, Trademarks and Limitations on Use.
(a) You acknowledge that the Services contain information, text, software, photographs, music, audio and video clips, graphics, links and other material (collectively, the “Content”) that are protected by copyright, trademark or other intellectual property rights of InishTech or its licensors. As between you and us, you agree that all Content used or made available at the Site or through the Services is copyrighted as a collective work of InishTech pursuant to applicable copyright law, that InishTech owns a copyright in the selection, coordination, arrangement and enhancement of such Content, as well as in the Content original to InishTech. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Services.
(b) Subject to your compliance with the terms and conditions of this Agreement, you are granted a limited, non-exclusive, non-transferable, non-sublicensable and revocable license, during the period this Agreement is in effect, to access and use the Services and to download, copy and/or print the Content for your own personal non-commercial use only. You agree to maintain and reproduce all copyright and other proprietary notices contained in such Content. You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in this Agreement or in an additional separate agreement between you and InishTech. Except as may be otherwise expressly provided in an additional separate agreement between you and InishTech, you are prohibited from engaging in any resale or commercial use of the Content and Services, the collection and use of e-mail addresses of other users of the Site or other user account information, listings, or any form of data extraction or data-mining whatsoever. You may not post any Content from this Site to newsgroups, mail lists or electronic bulletin boards without the prior written consent of InishTech and/or its licensors.
(c) “InishTech”, “Inish Technology Ventures”, “www.inishtech.com”, “SLPS”, “SLPS Services” and “SecureLM” are trademarks and/or service marks of InishTech. InishTech’s trademarks and service marks may not be used in connection with any product or service which is not InishTech’s, in any manner likely to cause confusion among customers or in any way that disparages or discredits InishTech. Other trademarks that appear on this web site are the property of their respective owners.
5. Interactive Features and Public Forums
(a) The Site provides interactive features such as online chat rooms and message boards.. You are solely responsible for the content of any information that you may post at the Site using such interactive features. Although InishTech assumes no obligation to monitor, edit or screen information posted by users in these forums, it does reserve the right to remove any postings it deems inappropriate for any reason and in its sole discretion. InishTech may also terminate a user’s privileges to post information, at any time, without notice.
(b) InishTech does not guarantee or warrant that any information posted by the users of the Site is truthful, accurate or not misleading. InishTech does not endorse any of the opinions that may be posted by the users of the Site. Reliance on any information posted on this web site is at the user’s own risk.
(c) InishTech reserves the right, exercisable in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Services, or to terminate this Agreement in its entirety, at any time or for any reason without prior notice or liability. InishTech may change, suspend or discontinue all or any aspect of the Site or the Services at any time, including the availability of any interactive feature, database, or Content without prior notice or liability.
6. Site Access; Interference with Services; Monitoring; Compliance with Laws.
(a) We do not guarantee continuous, uninterrupted, error-free or secure access to the Services, and operation of the Site may be interfered with by numerous factors outside of our control.
(b) You agree that InishTech has the right, but not the obligation, to monitor any form of user activity associated with the Site and the Services. We may investigate any reported violation of our Site-related agreements and policies, and any user or other third party complaints relating thereto. We may take any action that we deem appropriate in connection with any such investigation (including without limitation issuing warnings, suspending or terminating Services, denying Site access and/or removing any materials posted on the Site). We may also investigate, in our sole discretion, the use of any credit card by a user in connection with the Services, and take such action as we deem necessary or appropriate, including without limitation contacting the owner or user of such card or canceling purchase orders placed by such owner or user.
(c) The Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Services and any transactions that may be facilitated, directly or indirectly, by means of the Services.
(d) You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of, or compromise the security of the Site or the Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the server infrastructure of the Site.
(e) You may not register to use any Services under a false name, or use an invalid or unauthorized credit card in connection with any Services. You may not make offers to purchase any goods or services under a false name while using the Services. You may not impersonate any other user of the Services, or make use of another user’s password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported by us to law enforcement authorities, and we will cooperate with such authorities to ensure that violators are prosecuted to the fullest extent of the law.
7. External Sites; Linking.
(a) The Services may contain links to websites on the Internet which are owned and operated by third parties, including without limitation websites operated by Cybersource (“External Sites”). This Agreement does not apply to your use of any External Site to which this Site only links, and we are not responsible for the availability of any External Site to which the Site links. Please note that the External Sites are governed by “terms of use” agreements and privacy policies that are different from those applicable to this Site. You are solely responsible for assessing whether these third party terms of use agreements and privacy policies are acceptable to you, and if not, you should not use these External Sites or disclose information to them. Any use or disclosure that you may make to these External Sites is at your own risk. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any External Site. You acknowledge that InishTech is not responsible for the availability of, or the content, advertising, products or other materials located on or through, any External Site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, products or services available on any External Sites. You should contact the site administrators of those External Sites if you have any concerns regarding such links or the content or services located on such External Sites.
(b) Other websites may link to this Site only through a plain-text link. Permission must be granted by us for any other type of link to this Site. To seek our permission, please write to us at office@InishTech.com.
8. Disclaimers; Limitations of Liability.
(a) THE SITE AND THE SERVICES ARE PROVIDED BY COMPANY EXCLUSIVELY ON AN “AS IS” BASIS ONLY. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. COMPANY MAKES NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION AVAILABLE AT THE SITE OR VIA THE SERVICES, WHETHER SUPPLIED BY COMPANY, ITS AFFILIATES, LICENSORS OR ANY OTHER SOURCES. COMPANY MAKES NO WARRANTY THAT USE OF THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. Some jurisdictions may not allow the exclusion of implied warranties, and such exclusions may therefore not apply to you.
(b) NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY COMPANY OR ITS AFFILIATES OR ANY OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL CREATE A WARRANTY NOR SHALL A USER RELY ON SUCH ADVICE OR INFORMATION.
(c) UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE SITE OR THE SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE. PLEASE SEEK THE ADVICE OF COUNSEL OR OTHER PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF INFORMATION RELATING TO ANY PRODUCTS OR OTHER SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT MADE AVAILABLE AT THE SITE OR VIA THE SERVICES.
(d) NEITHER COMPANY, ITS AFFILIATES, SUPPLIERS OR THEIR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THE USE, MISUSE, OR INABILITY TO USE THE SITE OR THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE). TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, AFFILIATES AND AGENTS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE SHALL BE LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES (IF ANY) YOU PAY TO US IN THE ONE (1) MONTH PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) ONE HUNDRED DOLLARS ($100).
9. Indemnity. You agree to indemnify, defend and hold harmless Inish Technology Limited, its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “Company Parties”) from and against any and all claims, liability, losses, costs and expenses (including attorney fees, accountant fees, expert fees and related costs of investigation) incurred by any Company Party in connection with
(a) your breach of any representation or warrantee or other provision of this Agreement or any additional agreement entered into by you and us, and (b) any use, misuse or alleged use of the Services under your password by any person, whether or not authorized by you. InishTech reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with InishTech’s defense of such claim
10. Notices. Except as explicitly provided otherwise, any notices shall be given by postal mail to Inish Technology Ventures Limited, 79 Fitzwilliam Lane, Dublin 2, Ireland,, Attn: Legal Compliance Officer (in the case of us) or to the email address you provide to InishTech during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to InishTech during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
11. General. This Agreement shall be governed in all respects by the laws of the Republic of Ireland as such laws are applied to agreements entered into and to be performed entirely within the Republic of Ireland between Ireland residents and without giving effect to any principles of conflicts of laws. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent permissible by applicable law. In the event that this Agreement is terminated for any reason, the rights and obligations of the parties under Sections 3, 4, 6, 7, 8, 9, 10 and 11 shall survive the termination of this Agreement without limitation. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to such breach or any subsequent or similar breaches. Any waiver of rights by us must be made in a signed written instrument. The Site and the Services are arranged, sponsored, or managed by Inish Technology Ventures Limited in the Republic of Ireland. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in a court of competent jurisdiction located in Dublin, Ireland, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions. Any cause of action you may have with respect to the Site, the Services or this Agreement must be commenced within one (1) year after the claim or cause of action arose, or shall be barred.