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Last updated Friday, February 4, 2006
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 © 2004 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, time bombs, cancelbots,
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 or
pyramid schemes, get-rich-quick or 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 CON-TAINED 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 uncon-ditionally
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
admin@irishscene.com.au |
