TERMS AND CONDITIONS OF USE OF TOURISTR
1 ACCEPTANCE OF TERMS
1.1 Your access to and use of TouristR ("the Website") and the Services (?the service?) outlined in Clause 2, are subject exclusively to these Terms and Conditions. You will not use the Website/Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website/Services 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 Website/Services.
1.2 TouristR reserves the right to update or amend these Terms and Conditions at any time and your continued use of the Website/Services 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 SERVICES
The Website may provide communication tools such as email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities ("the Services") designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only.
3 CHILD SUPERVISION
TouristR is concerned about the safety and privacy of its users, particularly children. Parents who wish to allow their children access to and use of the Website/Services should supervise such access and use. By allowing your child access to the Services you are allowing your child access to all of the Services, 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 info rmation about yourself or your children via any of the Services.
4 USER ACCOUNT, PASSWORD AND SECURITY
If a particular Service requires you to open an account you will be required to complete the registration process by providing certain info rmation and registering a username and password for use with the Services. You are responsible for maintaining the confidentiality of the username and password and also for all activities that take place under your account. You agree to immediately notify TouristR of any unauthorised use of your password or account or any other breach of security. In no event will TouristR be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person's account at any time, without the express permission of the account holder.
5 ACCEPTABLE USE
5.1 You acknowledge that all info rmation, 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. TouristR does not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. TouristR 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 Services 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.
5.2 In using the Website/Services you agree not to:
5.2.1 use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
5.2.2 post, publish, distribute or disseminate material or info rmation that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing, unlawful, contains nudity or exploit people in a sexual or violent manner;
5.2.3 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;
5.2.4 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
5.2.5 use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
5.2.6 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;
5.2.7 collect or store personal information about others, including email addresses;
5.2.8 advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
5.2.9 impersonate any person or entity for the purpose of misleading others;
5.2.10 violate any applicable laws or regulations;
5.2.11 use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party's use and enjoyment of the Website/Services;
5.2.12 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);
5.2.13 attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.
5.3 TouristR has no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at its sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.
6 TERMINATION
TouristR has the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. TouristR may also at any time, at its sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that TouristR shall not be liable to you or any third party for any termination of your access to the Website/Services.
7 LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that TouristR is not responsible for the content or availability of any such sites.
8 INTERNATIONAL USE
You agree to comply with all applicable laws regarding the transmission of technical data exported from the Republic of Ireland 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.
9 INTELLECTUAL PROPERTY RIGHTS
9.1 The Website and its content (including without limitation the Website design, text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations and and all software and source codes connected with the Website and the Services) are the property of TouritR and protected by copyright, trade marks, patents and other intellectual property rights and laws. In accessing the Website 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 Website for personal, non-commercial home use only.
9.2 TouristR does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting TouristR and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant TouristR and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this site's policies and will not cause injury to any person or entity; and that you will indemnify TouristR or its affiliates for all claims resulting from content you supply
10 INDEMNITY
You agree to indemnify and hold TouristR and its employees and agents harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against TouristR by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by TouristR in consequence of your breach of these Terms and Conditions.
11 LIMITATION OF LIABILITY AND DISCLAIMER
11.1 Use of the Website/Services is at your own risk. The Website/Services 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.
11.2 To the extent permitted by law, TouristR 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 Website/Services.
11.3 TouristR makes no warranty that the Website/Services will meet your requirements, that the Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else that may be harmful or destructive.
11.4 The Website contains opinions, recommendations, statements, and info rmation provided by third parties, including but not limited to Content posted by other Members. TouristR does not represent, endorse, verify, or guarantee the truthfulness, accuracy, completeness, integrity, quality, or reliability of any such Content posted by such third parties, or vouch for any opinions or recommendations expressed by such third parties. The opinions and views expressed by such third parties do not necessarily represent those of TouristR. Accordingly, TouristR is not responsible for any incorrect or inaccurate Content posted on the Website and/or through the Service, whether caused by TouristR, any visitor of the Website (a ?Visitor?), any Member, or by any of the equipment or programming associated with or utilized in connection with the Website and/or the Service. You understand and agree that you use Content or other info rmation obtained from the Website and/or through the Service at your own discretion and risk. Any reliance by you on Content or other info rmation posted by Members or other third parties on the Website and/or through the Service will be at your own risk.
11.5 Under no circumstances will TouristR be responsible for any loss or damage, including but not limited to personal injury or death, resulting from anyone's use of the Website and/or the Service, any Content posted on the Website and/or through the Service, or any interactions between Members or Visitors, whether online or offline, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. . TouristR is not responsible for the conduct, whether online or offline, of any Member or Visitor.
11.6 TouristR assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Visitor or Member communications. TouristR is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of e-mail on account of technical problems or traffic congestion on the internet, the Website, a third party's website, or a combination thereof, including but not limited to injury or damage to a Visitor's or a Member's or any other person's computer equipment related to or resulting from participating in or downloading materials in connection with the internet, the Website, the Service, or a third party's website.
11.7 You understand and agree that web storage or space provide by TouristR to its Members is intended solely for the presentation of travel-related Content authorized under this Agreement. Photographs and other Content posted by you on the Website and/or through the Service are saved for the purpose of display on the Website. You understand and agree that TouristR is not responsible for and assumes no liability for preserving, maintaining, or continuing to offer access to any photograph, video, review, e-mail message, comment, Rant or Rave, forum posting, profile, or other Content posted by you on the Website and/or through the Service.
11.8 The foregoing limitation of liability shall apply to the fullest extent permitable by law in the applicable jurisdiction. You specifically aknowledge that TouristR shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
12 SEVERANCE
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.
13 GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the law of the Republic of Ireland and the parties hereby submit to the exclusive jurisdiction of the Republic of Ireland courts .
14 TRADEMARK
TouristR and the TouristR logo and other marks indicated on our site are trademarks of Tourist Republic Ltd or its affiliates, in the Republic of Ireland and other countries. TouristR?s trademarks and trade dress may not be used in connection with any product or service that is not TouristR's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TouristR. All other trademarks not owned by TouristR or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TouristR or its affiliates.
15 NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRIGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TouristR's copyright agent the written info rmation specified below. Please note that this procedure is exclusively for notifying TouristR and its affiliates that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above info rmation in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
TouristR's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows: Copyright Agent, Tourist Republic Ltd; Moylish Park ; Limerick , Ireland.
Please contact us if you have any questions regarding this agreement.
