Terms & Conditions
Monday, 02 February 2009 07:42
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Website Terms and Conditions

Please read this Terms and Conditions of Use Notice (this "Notice") carefully. Your viewing or otherwise accessing/using this Website, constitutes your agreement to the Terms and Conditions in this Notice. This Notice applies exclusively to your access to, and use of, this Website, and includes a Disclaimer.

Copyright

The Irish Scene publishes a bi-monthly magazine in print, as well as operates The Irish Scene Website. All Website materials, including, without limitation, The Irish Scene logo, design, text, graphics and all images except those acquired from a third party, other files, and the selection and arrangement thereof are ALL RIGHTS RESERVED Copyright © 2009 The Irish Scene. You may electronically copy and print to hard copy portions of this Website for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this Website, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance, without the prior written permission of The Irish Scene is strictly prohibited.

Hyperlinks

You are granted a limited, nonexclusive right to create a hyperlink to the homepage of this Website only, provided such link does not portray The Irish Scene or any of its publications and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. Additionally, you may not use, frame or utilise framing techniques to enclose any of the pages of The Irish Scene Website, the logo or other information, including the images found at this Website, the content of any text or the layout/design of any page or form contained on a page, without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of The Irish Scene or any third party.

The Irish Scene makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Websites accessible by hyperlink from this Website, or Websites linking to this Website. The linked sites are not under the control of The Irish Scene, and The Irish Scene is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The Irish Scene is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by The Irish Scene of the linked site or any information contained therein.

Third-Party Content & Services

The Irish Scene may provide hyperlinks to Web pages and content of third parties ("Third-Party Content") as a service to those interested in this information. All third party advertising (including referral buttons and embedded hyperlinks) even if paid for by the relevant third party advertisers are not recommendations or endorsements by The Irish Scene or its affiliates or their respective directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. In some instances, the advertisement or link will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by The Irish Scene, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website. Furthermore, The Irish Scene does not monitor nor does it have control over any Third-Party Content or third-party Websites. The Irish Scene does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness, and neither does it warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third-Party Content. Users use these hyperlinks and Third Party-Content contained therein at their own discretion and risk.

Forums, Chat Rooms and Interactive Areas

This Website may include discussion forums or other interactive areas, including chat rooms, bulletin boards and information storage and exchange areas. The chat room(s) featured on this Website are hosted remotely, and the remote host is fully responsible for the quality and/or reliability of this service, except in instances where the quality and/or reliability is not within their powers of control. The remote host may collect personal information, log chat sessions (but not private conversations) and store cookies on their servers in order to provide The Irish Scene with the chat room service as defined in their contract with us, and which is covered by the remote host's Terms & Conditions and Privacy Policy.

All such forums, chat rooms and interactive areas shall not be used for:
1)  commercial purposes, or promoting a business, or placing bets, wagers or engaging in other gambling activities;
2)  emergency purposes or to seek or provide diagnosis or treatment of medical, psychiatric or psychological problems,
     or as a substitute for face-to-face professional consultation.

Chat rooms and forums are intended for individuals aged 13 and over only, and children or minors are strictly prohibited from using these particular interactive areas. Furthermore, individuals between the ages of 13 and 17 are obliged to stay within the confines of the "13-17" Teen Chat rooms, or any other room that may be designated for this particular age group. Whilst we aim to keep the Content in this Website suitable for family browsing and viewing, we strongly advise that parents, guardians or child-minders/carers should closely monitor their children's use of this Website. We also advise all adults aged 18 and above (excepting our appointed chat supervisors) to refrain from entering rooms designated for the 13-17 year age group. Likewise, participants aged between 13 and 17 should avoid all rooms that are not labelled "13-17".

Furthermore, by using any chat room, forum or interactive area on this Website, you, the participant or user, agree not to do any of the following:
•  Harass, threaten, embarrass or cause distress or discomfort upon other participants or users of these facilities, or
   disrupt the normal flow of dialogue or exchange of messages in a manner that negatively affects other participants,
   or engage in message flooding;
•  Upload to, transmit, distribute, communicate, or otherwise publish through this Website any message, information,
   data, text, files, or any "Content" (including web URL's pointing to such content) that is unlawful, libellous, defamatory,
   obscene, pornographic, soliciting in nature, indecent, lewd, vulgar, harassing, threatening, invasive of privacy or
   publicity rights, racist, abusive, inflammatory or otherwise objectionable; or any Content carrying or consisting of
   viruses, Trojan horses, worms, spy-ware, ad-ware, or any script or computer programming routines that may cause
   damage to system hardware or software, or detrimentally interfere with, surreptitiously intercept or expropriate any
   system data or personal information from our Users, our Employees, or the system itself;
•  Upload to, transmit, distribute, communicate, or otherwise publish through this Website any Content (including web
   URL's pointing to such content) that would constitute or encourage a criminal offence, violate the rights of any party,
   or that would otherwise create liability or violate any local, state, national, or international law, e.g. posting of chain
   letters and other Content relating to multi-level marketing/pyramid schemes, get-rich-quick/money investment scams;
•  Upload to, transmit, distribute, communicate, or otherwise publish through this Website any Content (including web
   URL's pointing to such content) that may infringe any patent, trademark, trade secret, copyright or other intellectual
   or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to
   distribute and reproduce such Content;
•  Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
•  Use Nicknames or Usernames that are vulgar or obscene in nature;
•  Without The Irish Scene's written permission, distribute or publish unsolicited promotions, advertising or solicitations
   for funds, goods or services, including junk mail and spam, or post web URL's relating to any of the above.

The Irish Scene takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. The Irish Scene reserves the right, in its sole discretion, to remove or edit any Content that violates these provisions or is otherwise objectionable. You shall remain solely liable for the Content of any messages or other information you upload or transmit to the discussion forums, chat rooms or interactive areas of this Website. You agree to indemnify and hold harmless The Irish Scene, its employees, associates, advertisers and sponsors from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party.

The Irish Scene may from time to time monitor or review the contents of its Communication Facilities on this Website. While The Irish Scene reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in its sole discretion is in any way objectionable or in violation of any applicable law or the Terms and Conditions of Use, The Irish Scene has no obligation whatsoever to monitor any Communication Facility on this Website or to edit, delete or refuse to post such contents, nor is The Irish Scene responsible for any contents in any Communication Facilities (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the Website's Communication Facilities are solely their own). You expressly acknowledge and agree that primarily the Communication Facilities on this Website provide a means of public and not private communications, and that the use of the chat room facility for private communications, if and when made available, is also governed by these Terms and Conditions of Use.

The Irish Scene reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials on this Website which violate any applicable or relevant law.

IP Addresses

An IP address is a number that's automatically assigned to your computer whenever you are surfing the Web. Web servers (both ours and your ISP where applicable) automatically identify your computer by its IP address online but in particular, when entering The Irish Scene's Communication Facilities such as the chat room facility our servers, or the remote hosts' servers that provide us with the chat room service, may log your IP address. The Irish Scene and/or it's remote host(s) log IP addresses solely for the purposes of system administration, and to identify computers that are logged into our Communication Facilities, thus enabling us to supervise users and to exercise our right, if the need arises, to dismiss or ban users who do not comply with our Terms and Conditions of Use (also see 'Termination' below). We do not link IP addresses to anything personally identifiable. This means that your session and your specific computer hardware will be logged when you are using the chat room or other Communication Facilities of this Website but you, the user, will remain anonymous to us, and your IP address will not remain in storage on our servers or databases when you log out of any of our Communication Facilities. However, as much as it is our policy to protect your privacy, please be informed that anonymity is never guaranteed when using the internet.

Disclaimer

THIS WEBSITE AND THE MATERIALS IN THIS WEBSITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE IRISH SCENE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE IRISH SCENE, INCLUDING THE CREATOR(S) AND WEBMASTER OF THIS WEBSITE, DO NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. THE IRISH SCENE DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

The Irish Scene reserves the right to change any and all content contained on this Website at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by The Irish Scene.

Limitation of Liability

IN NO EVENT SHALL THE IRISH SCENE OR THE CREATOR(S) AND WEBMASTER OF THIS WEBSITE BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, ITS COMMUNICATION FACILITIES OR THE MATERIALS CONTAINED ON, OR ACCESSED THROUGH, THIS WEBSITE.

Applicable Law

These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of Western Australia, without regard to its choice of law principles to the contrary. 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 the state and federal courts residing in Perth, Western Australia, 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 this Notice.

Modification & Amendments

The Irish Scene reserves the right to amend at any time any policies governing this Website, including this Notice and The Irish Scene's Privacy Policy, by posting the amended Terms and providing notice of such amendments. The amended Terms shall be effective immediately after they are initially posted on this Website. If you do not accept the amended Terms, you should cease using this Website.

Termination

Notwithstanding any of these Terms and Conditions of Use, The Irish Scene reserves the right, without notice and in its sole discretion, to terminate your license to use this Website, and/or block or prevent future access to and use of the whole or portions of this Website.

Severability

If any provision of these Terms and Conditions of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions of Use and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions about this legal notice, the practices of this site, or your dealings with this Website, please contact The Irish Scene at This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Last Updated ( Tuesday, 03 February 2009 02:47 )