1. INTRODUCTION
dulamach.com (and dulamach.ie) are owned by Dul Amach
Limited. The dulamach.com (and dulamach.ie) website ("the Site") and
services are offered to you upon condition of your acceptance without
modification of the terms and conditions ("the TOS") below. By
viewing and using the Site you are deemed to consent to the TOS. Please
therefore read this agreement carefully as it sets out your rights and
obligations with respect to the use of the Site and its services. Use of
particular services offered by dulamach.com (and dulamach.ie) may be subject to
additional terms and conditions, which are outlined at the end of the TOS. The
current list of such services is:
Groups;
If you are using the services in the course of your
business, trade or profession ("the Commercial User") you are subject
to the additional terms and conditions provided in Clause 30.
2. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The TOS comprise the entire agreement between the User and
dulamach.com (and dulamach.ie) and supercede all prior agreements between the
parties. You may also be subject to additional terms and conditions when you
use affiliate or third party services.
3. ACCESS TO THE SERVICES
The User must:
(a) provide all equipment, including a computer and modem,
necessary to establish a connection to the Web;
(b) provide for the User's own access to the Web and pay any
telephone or other connection and service fees associated with such access;
4. MODIFICATIONS OF TERMS OF SERVICE
dulamach.com (and dulamach.ie) reserves the right to modify
the terms and conditions of the TOS at any time and at its sole discretion and
without notice to you. It is the responsibility of the User to regularly review
the TOS for modifications. By continuing to use the Services, the User agrees
to be bound by the amended TOS.
5. PERSONAL INFORMATION
Some Services may require the User to supply certain
personal information. In consideration for the use of the Services, the User
agrees to:
(a) provide true, current, complete, and accurate
information about the User as prompted to do so by the Services, and
(b) maintain and promptly update this information as
required to keep it true, current, complete and accurate.
If the User provides any information that is untrue, not
current, incomplete or inaccurate, or dulamach.com (and dulamach.ie) has
reasonable grounds to suspect that such information is untrue, not current,
incomplete or inaccurate, dulamach.com (and dulamach.ie) has the right to
suspend or terminate your use of the Services.
All information requested on original sign up shall
hereafter be referred to as "Registration Information". This
Registration Information will be retained by dulamach.com (and dulamach.ie) for
no longer than is necessary to provide the Services to the User.
dulamach.com (and dulamach.ie) reserves the right to
disclose the Registration Information if required to do so by law or if it
believes in good faith that any such disclosure is reasonably necessary for the
administration of justice; to enforce the TOS; to respond to any complaint
received regarding the rights of third parties; or to protect the rights,
property, or personal safety of dulamach.com (and dulamach.ie), its users and
the public.
6. USER ACCOUNT, PASSWORD, AND SECURITY
The User is entirely responsible for maintaining the
confidentiality of the User's password and account, and for any and all
activities which occur under the User's account or password. The User agrees to
immediately notify dulamach.com (and dulamach.ie) of any unauthorised use of
the User's account, password, or any other breach of security known to the
User. dulamach.com (and dulamach.ie) will not be liable for any loss that the
User may incur as a result of someone else using or accessing the User's
password or account, either with or without the User's knowledge. However the
User may be held liable for losses incurred by dulamach.com (and dulamach.ie)
or any other party as a result of someone else using or accessing the User's
password or account. The User will not use anyone else's account at any time
without the permission of the account holder. The User may change his/her
password or profile by following instructions on the Site.
7. PRIVACY POLICY
The User may view the privacy policy at the bottom of this
page or can go the following URL: http://www.dulamach.com/privacy_policy
9. NOTICE
All notices to a party shall be in writing and shall be made
either via online announcements, e-mail, or conventional mail. dulamach.com
(and dulamach.ie) may broadcast notices or messages through the Services and
such broadcasts shall constitute notice to the User.
10. PROPRIETARY RIGHTS TO CONTENT
The User acknowledges that content, including but not
limited to text, software, music, sound, photographs, video, graphics or other
material (the "Content") contained in either sponsor advertisements,
or Internet-distributed, commercially produced information presented to the
User by the Site or Services, by dulamach.com (and dulamach.ie), dulamach.com
(and dulamach.ie)'s advertisers, or other dulamach.com (and dulamach.ie) Users
may be protected by copyrights, trademarks, patents or other proprietary rights
and laws. All copyright and other proprietary notices in the materials must be
left intact. The User may not copy, reproduce, distribute, or create derivative
works from the Content without expressly being authorized to do so by the
relevant copyright owner.
11. USER CONDUCT
(a)The User understands that all information, data, text,
software, music, sound, photographs, graphics, video, messages or other
materials ("Material"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from which such Material
originated. This means that the User, and not dulamach.com (and dulamach.ie),
are entirely responsible for all Material that the User uploads, posts or
otherwise transmits via the Services. dulamach.com (and dulamach.ie) does not
control Material posted via the Services and, as such, does not guarantee the
accuracy, integrity or quality of such Material. The User understands that by
using the Services, the User may be exposed to Material that is offensive,
indecent or objectionable.
(b)The User agrees to not use the Services to:
i.upload, post or otherwise transmit any Material that is
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libellous, invasive of another's privacy, hateful, or
racially, ethnically or otherwise objectionable;
ii.harm minors in any way;
iii.impersonate any person or entity, including, but not
limited to, a dulamach.com (and dulamach.ie) official, forum leader, guide or
host, or falsely state or otherwise misrepresent an affiliation with a person
or entity;
iv.forge headers or otherwise manipulate identifiers in
order to disguise the origin of any Material transmitted through the Services
or develop restricted or password-only access pages, or hidden pages or images
(those not linked to from another accessible page);
v.upload, post or otherwise transmit any Material that the
User does not have a right to transmit under any law or contractual or
fiduciary relationship (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under non-disclosure agreements);
vi.upload, post or otherwise transmit any Material that
infringes any patent, trademark, trade secret, copyright or other proprietary
right of any party;
vii.upload, post or otherwise transmit any unsolicited or
unauthorised advertising, promotional materials, "junk mail,"
"Spam," "chain letters," "pyramid schemes," or
any other form of solicitation;
viii.upload, post or otherwise transmit any material that
contains software viruses or any other computer code, files or programmes
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
ix.disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the Services are able to type, or
otherwise act in a manner that negatively affects other users' ability to
engage in real time exchanges;
x.interfere with or disrupt the Services or servers or
networks connected to the Services, or disobey any requirements, procedures,
policies or regulations of networks connected to the Services;
xi.intentionally or unintentionally violate any applicable
local, state, national or international laws or regulations;
xii."stalk" or otherwise harass another;
xiii.collect or store personal data about other users;
xiv.promote or provide instructional information about
illegal activities, promote physical harm or injury against any group or
individual, or promote any act of cruelty to animals. This may include, but is
not limited to, providing instructions on how to assemble bombs, grenades and
other weapons, and creating "Crush" sites;
xv.attempt to gain unauthorised access to any dulamach.com
(and dulamach.ie) site or service, other User accounts, computer systems or
networks connected to any dulamach.com (and dulamach.ie) site or service,
through hacking, password mining or any other means;
xvi.create a false identity for the purpose of misleading
others.
12. INDEMNIFICATION
The User agrees to indemnify, defend (at dulamach.com (and
dulamach.ie)'s request), and hold dulamach.com (and dulamach.ie), its parent,
affiliates, officers and employees, harmless from any claim or demand,
including reasonable legal expenses, made or brought by any third party due to
or arising out of the User's use of the Services or any part thereof, the
violation of these TOS or any provision therein by the User, or the
infringement or misappropriation by the User, or a third party using the User's
computer, of any account or password to access and/or use the Services, or of
any intellectual property rights of any person or entity, or the use or misuse
by the User or third parties of the User's passwords or accounts.
13. MONITORING
dulamach.com (and dulamach.ie) has no obligation to monitor
the Services but reserves the right to do so and to remove any Content or
Material at its sole discretion at any time without notice.
14. COMPLAINTS PROCEDURE
Any abuse of the Services, including but not limited to the
violation of these TOS or any provision therein, or the infringement or
misappropriation by any User, or a third party using a User's computer, of any
account or password to access and/or use the Services, or of any intellectual property
rights of any person or entity, or the use or misuse by any User or third
parties of a User's passwords or accounts, should be reported immediately to
dulamach.com (and dulamach.ie) at admin@dulamach.com (and dulamach.ie).
15. MODIFICATIONS AND DISCONTINUANCE OF THE SERVICES
dulamach.com (and dulamach.ie) reserves the right at its
sole discretion to modify or discontinue the Site or Services, or any portion
thereof, at any time, with or without notice to the User. dulamach.com (and
dulamach.ie) shall not be liable to the User or any third party should
dulamach.com (and dulamach.ie) exercise its right to modify or discontinue the
Site or Services.
16. TERM AND TERMINATION
dulamach.com (and dulamach.ie) reserves the right to
terminate all or part of the Services at any time without notice. dulamach.com
(and dulamach.ie) shall not be liable to the User or any third party for any
loss or damage howsoever arising from the termination of the Services or any
part thereof.
17. THIRD PARTIES
(a). Advertising
dulamach.com (and dulamach.ie) may serve advertisements to
the Site or work with a third party to serve the advertisements. Advertisements
placed on the Site may include but are not limited to banner ads, paid links,
pop-up windows, buttons, and sponsorships. The User agrees that dulamach.com
(and dulamach.ie) has the right to run such advertisements and promotions.
dulamach.com (and dulamach.ie) does not control the content
of these services which is supplied by third parties and the inclusion of content
does not imply endorsement of the third party by dulamach.com (and dulamach.ie)
or any association with that third party. User correspondence or business
dealing with, or participation in promotions of, advertisers or third parties
found on or through the Site or Services, including payment for and delivery of
related goods or services, and any other representations associated with such
dealings, are solely between the User and such advertiser or third party. The
User agrees that dulamach.com (and dulamach.ie) shall not be responsible or
liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers or third parties
on the Site or Services.
(c). Links
The Site or Services may contain images of and links to
third party websites ("Linked Sites"). Linked Sites are not under the
control of dulamach.com (and dulamach.ie) and the User agrees that dulamach.com
(and dulamach.ie) is not responsible for the content of any Linked Sites. The
inclusion of a link does not imply endorsement of the Linked Sites by
dulamach.com (and dulamach.ie) or any association with its owners or operators.
User correspondence or business dealing with advertisers or third parties found
on or through Linked Sites, including payment for and delivery of related goods
or services, and any other representations associated with such dealings, are
solely between the User and such advertiser or third party. The User agrees
that dulamach.com (and dulamach.ie) shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertisers or third parties on the Site or
Services.
18. DISCLAIMER OF WARRANTIES
(a). dulamach.com (and dulamach.ie) provides the Site and
Services on an "as is" and "as available" basis, and the
User uses the Site and Services at his/her sole risk.
(b). dulamach.com (and dulamach.ie) shall not be responsible
for the effect or result of the introduction or entry of any virus into the
Site and /or one or any of the Services.
(c). dulamach.com (and dulamach.ie) makes no warranty that
the Site or Services will meet the User's requirements; nor that the Site or
Services will be uninterrupted, timely, secure, or error free; nor does
dulamach.com (and dulamach.ie) make any warranty as to the results that may be
obtained from the use of the Site or Services; nor as to the accuracy or
reliability of any information obtained through the Site or Services; nor that
defects in the Site or Services will be corrected.
(e). The User understands and agrees that any Content and/or
Material downloaded or otherwise obtained through the use of the Site or
Services is done at the User's own discretion and risk. dulamach.com (and
dulamach.ie) is not responsible for any damage to the User's computer system or
loss of data that results from the download of such Content and/or Material.
(g). If the User uses the E-mail service for business
purposes, dulamach.com (and dulamach.ie) accepts no responsibility for
deletion, corruption or failure to store messages or content maintained or
transmitted by the service. dulamach.com (and dulamach.ie) accepts no
responsibility for any interruption of business as a direct or indirect result
of the Site or Services.
(h). No advice or information, whether oral or written,
obtained by the User from dulamach.com (and dulamach.ie) shall create any
warranty not expressly made herein.
19. LIMITATION OF LIABILITY
dulamach.com (and dulamach.ie) shall not be liable for any
loss of use, interruption of business, or any direct or indirect, special,
incidental, or consequential damages of any kind (including but not limited to
lost profits) regardless of the form of action, whether in contract, tort
(including negligence), strict product liability, or otherwise, even if
dulamach.com (and dulamach.ie) has been advised of the possibility of such
damages, howsoever arising, out of use of the Site or Services.
20. LAW
The TOS shall for all purposes be governed by and
interpreted in accordance with the laws of Ireland. The User and dulamach.com
(and dulamach.ie) agree to submit to the exclusive jurisdiction of the courts
of Ireland. The place of performance of this Agreement shall be Ireland.
21. ASSIGNMENT
No right may be assigned, and no duty may be delegated, by
the User under this Agreement except upon the written consent of dulamach.com
(and dulamach.ie) and any attempted assignment and delegation without such
consent shall be void and without effect. dulamach.com (and dulamach.ie) shall
be entitled to assign this agreement. This TOS shall be binding upon and shall
endure to the benefit of the parties hereto and their respective
representatives, heirs, administrators, successors and permitted assigns except
as otherwise provided herein.
22. NO AGENCY
Neither party is, nor will it be deemed to be, an agent or
legal representative of the other party for any purpose. Neither party will be
entitled to enter into any contracts in the name of or on behalf of the other
party, and neither party will be entitled to pledge the credit of the other
party in any way or hold itself out as having authority to do so.
23. SEVERABILITY
If any of the provisions of this agreement is found by an
arbitrator, court or other competent authority to be void or unenforceable, it
shall be deemed to be deleted from this agreement and the remaining provisions
shall continue to apply. The parties shall negotiate in good faith in order to
agree the terms of a mutually satisfactory provision to be substituted for the
provision found to be void or unenforceable.
24. WAIVER
Any waiver (express or implied) by either party of any
breach of this TOS shall not constitute a waiver of any other or subsequent
breach. No provision of the TOS will be waived by any act, omission or
knowledge of a party or its agents or employees except by an instrument in
writing expressly waiving such provision and signed by a duly authorised
officer of the waiving party. In particular but without prejudice ireland.com's
failure to exercise or enforce any right or provision of the TOS shall not
constitute a waiver of such right or provision unless acknowledged and agreed
to by dulamach.com (and dulamach.ie) in writing.
25. TITLES
The section titles in the TOS are solely used for the
convenience of the parties and have no legal or contractual significance.
ADDITIONAL TERMS AND CONDITIONS FOR PARTICULAR SERVICES
26. EMAIL
The User agrees that dulamach.com (and dulamach.ie) may
establish limits on the use of the E-mail service, including but not limited to
the number of days that e-mails will be retained by the service, the number of
e-mails that may be sent from or received by an account, the maximum size of an
e-mail message that may be sent from or received by an account, the maximum
storage space available to an account and the maximum number of times and
duration the User can access the service in any given period of time.
The User agrees that dulamach.com (and dulamach.ie) has no
responsibility or liability for the deletion of or failure to store any messages,
communications or other content and acknowledges that dulamach.com (and
dulamach.ie) has the right to remove accounts that are inactive for an extended
period of time.
dulamach.com (and dulamach.ie) will immediately terminate
any account which it believes, in its sole discretion, is transmitting or is
otherwise connected with any spam or other unsolicited bulk e-mail.
In the event of termination of the User's account for any
reason whatsoever there is no obligation on dulamach.com (and dulamach.ie) to
forward any unread or unsent messages to the User or a third party.
© Copyright 2006 Dul Amach Limited. All Rights
Reserved.