1 ACCEPTANCE OF TERMS
1.1 Your access to and use of the Aboutime web site (“the web site”) and any Services referred to in Clause 2, is subject exclusively to these Terms and Conditions. You will not use the Web site or services offered by the web site for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the web site or services offered by the web site you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the web site/Services.
1.2 We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Web site or services offered by the web site following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
2 THE SERVICE
2.1 The web site may provide communication tools such as email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities (“the service”) designed to enable you to communicate with others. Unless stated otherwise the service are for your personal and non-commercial use only.
3 CHILD SUPERVISION
3.1 We are concerned about the safety and privacy of our users, particularly children. Parents who wish to allow their children access to and use of the web site or services offered by the web site should supervise such access and use. By allowing your child access to the service you are allowing your child access to all of the service, including email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities. It is therefore your responsibility to determine which services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the service.
4.1 We are committed to responsible data management and subscribe to the principals of the data protection legislation in the United Kingdom. We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you. If you register for any of the service you will be asked to provide basic personal information. The information provided by you is not available for sale or use by third parties. The information is used solely for notifying you of changes or updates to the web site/Services.
5 USER ACCOUNT, PASSWORD AND SECURITY
5.1 If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a user name and password for use with that Service. You are responsible for maintaining the confidentiality of the user name and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will the Aboutime web site be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your user name and/or password. You may not use another person’s account at any time, without the express permission of the account holder.
6 ACCEPTABLE USE
6.1 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“the Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the service you may be exposed to Content that is offensive and/or indecent. The Aboutime web site will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the service and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
6.2 In using the web site or services offered by the web site, you agree not to:
6.2.1 use the service to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
6.2.2 post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
6.2.3 post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
6.2.4 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
6.2.5 use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
6.2.6 make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
6.2.7 collect or store personal information about others, including email addresses;
6.2.8 advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
6.2.9 impersonate any person or entity for the purpose of misleading others;
6.2.10 violate any applicable laws or regulations;
6.2.11 use the web site or services offered by the web site in any manner that could damage, disable, overburden or impair the web site or services offered by the web site or interfere with any other party’s use and enjoyment of the web site/Services;
6.2.12 post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
6.2.13 attempt to gain unauthorised access to any of the service, other accounts, computer systems or networks connected to the web site or services offered by the web site through hacking, password mining or any other means.
6.3 We have no obligation to monitor the service but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.
7.1 We have the right to terminate your access to any or all of the service at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the web site or services offered by the web site or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the web site/Services.
8 LINKS TO THIRD PARTY WEBSITES
8.1 The web site or services offered by the web site may include links to third party web sites that are controlled and maintained by others. Any link to other web sites is not an endorsement of such web sites and you acknowledge and agree that the Aboutime web site is not responsible for the content or availability of any such sites.
9 INTERNATIONAL USE
9.1 You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
10 INTELLECTUAL PROPERTY RIGHTS
10.1 The web site and its content (including without limitation the web site design, text, graphics and all software and source codes connected with the web site and the service) are protected by copyright, trade marks, patents and other intellectual property rights and laws. In accessing the web site you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the web site for personal, non-commercial home use only.
10.2 The Aboutime web site does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the service. However, by doing so you are granting us a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the service. The licence shall be terminated when such Content is deleted from the service.
11.1 You agree to indemnify and hold the Aboutime web site harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against the Aboutime web site by any third party arising out of your use of the service and/or any Content submitted, posted or transmitted through the service, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by the Aboutime web site in consequence of your breach of these Terms and Conditions.
12 DISCLAIMERS AND LIMITATION OF LIABILITY
12.1 Use of the web site or services offered by the web site is at your own risk. The web site or services offered by the web site are provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
12.2 To the extent permitted by law, the Aboutime web site will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the web site/Services.
12.3 the Aboutime web site makes no warranty that the web site or services offered by the web site will meet your requirements, that Content will be accurate or reliable, that the functionality of the web site or services offered by the web site will be uninterrupted or error free, that defects will be corrected or that the web site or services offered by the web site or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
12.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of the Aboutime web site for death or personal injury as a result of the negligence of the Aboutime web site.
12.5 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
13.1 If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
14 GOVERNING LAW
14.1 These Terms and Conditions shall be governed by and construed in accordance with the law of the Republic of Ireland and you hereby submit to the exclusive jurisdiction of the Republic of Ireland courts.