THESE TERMS AND CONDITIONS (INCLUDING THE PRIVACY POLICY ATTACHED HERETO) WERE LAST UPDATED ON 28th NOVEMBER 2007
Introduction
Please read this information carefully. By accessing or using WWW.GLOBALFESTS.COM (the "Site"), you acknowledge and agree that you have understood and agree to be bound by these terms and conditions (the "Terms", which term includes the Privacy Policy referred to herein). If you do not agree to the Terms, you should not use this Site.
These Terms govern the use of the Site and on which Orange Ventures Limited (a company incorporated in Ireland with company number 443964 and a registered address at Invent, Dublin City University, Dublin 9, Ireland, referred to as "We" or "Our" or "Us" and which terms shall include the directors, officers, and employees of Orange Ventures Limited) supply any of the services, including but not limited to the hosting of a forum and/or blog (the "Services"). The Terms form a legally binding agreement between you and Us. Accordingly, you should take time to read these Terms carefully and print a copy of these terms for future reference. If you have any questions or comments about these Terms, you may e-mail Us at [insert e-mail address]. All emails sent to this e-mail address will be considered, and where necessary, acted upon.
By using the Site, whether as a guest or a Member (defined below), you agree to be legally bound by these terms and conditions as if you had signed this agreement. You are also responsible for ensuring that all persons who access the Site through your Internet connection are aware of these Terms, and that they comply with them.
If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is the discontinuation of your use of this Site.
1. Description of Services and your relationship with Us
1.1 Those wishing to contribute and avail of the Services will be required to register as a member (a "Member"), which can be done without charge. By clicking the "I accept" button at the end of this page, Members indicate their consent to be bound by such Terms as expressly apply to Members only (and not just to browsers). If you do not agree to each and every term of these Terms, you must click the "I decline" button. For the avoidance of doubt, browsers are bound by these Terms by their use of the Site as if they had signed this agreement, save for such terms as expressly apply to Members only.
1.2 When you register as a Member, you will also be asked to choose a username and a password for your Member profile. You are solely responsible for maintaining the confidentiality of your password. You agree not to use the Member profile, username, or password of another Member at any time. You agree to notify Us immediately if you suspect any unauthorised use of your (or any other Member’s) Member profile or access to your (or any other Member’s) password. We reserve the right to refuse to grant you a username that We consider inappropriate for any reason, as determined by Us in Our sole discretion. You are solely responsible for any and all use of your Member profile and agree to indemnify and hold Us and this Site harmless in relation to all actions, claims and proceedings (including but not limited to attendant legal action, disbursement of fees or costs arising therefrom) in relation to all matters arising from third party use of your password and login where such third party accesses the Site on your instruction or as a result of negligence on your part.
1.3 The Site is intended solely for access and use by individuals that are eighteen (18) years of age or older. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to comply with the Terms.
2. Changes to the Terms
We reserve the right, at Our sole discretion, to change, modify, add, or delete portions of these Terms at any time without further notice. If We do this, We will post the changes to these Terms on this page notifying you of the last date upon which they were amended. We may, in addition, send an e-mail to Members notifying them of any change but in any event you should check these Terms regularly. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL STOP USING THE SITE. YOUR CONTINUED USE OF THE SITE FOLLOWING OUR POSTING OF A CHANGE OF TERMS WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.
3. General Restrictions on Use
3.1 It is impossible to provide an exhaustive list of exactly what constitutes acceptable and unacceptable use of this Site. In general, We will not tolerate any use of the Site which damages or is likely to damage our reputation, the availability or integrity of the Site or which causes us or threatens to cause us to incur any legal, tax, regulatory or other liability. We therefore request you to treat the Site with respect, and not to use the Site for any illegal purpose, or in such a way as to infringe or breach third party rights or to cause or threaten to cause Us damage.
3.2 If any material on this Site, or your use of this Site, is contrary to the laws of the jurisdiction in which you are located, then this Site is not intended for your use and you should not use this Site. You are responsible for compliance with the laws of the jurisdiction in which you are located.
3.3 We reserve the right to use in part or its entirety any content, communication, information, intellectual property, material, messages, photos, videos, URLs, profiles and the like (collectively, the "Content") that is uploaded, published or displayed that We receive from Members. Any such Content will be considered non-confidential and non-proprietary, and We have the right to use, copy, distribute and disclose to third parties such Content for any purpose. By posting any Content on the Site, you are granting Us a perpetual, irrevocable, worldwide, royalty-free licence to publish such Content on the Site in such manner as We deem fit and you waive any moral rights you may otherwise have in respect of such Content.
3.4 You understand and agree that We may (but are not obliged to) review any Content on the Site and, at Our sole discretion, delete or refuse to accept any such Content, including, without limitation, any Content that in Our sole judgement violates these Terms or which might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of other Members or third parties. You are solely responsible for the Content that you post on the Site, or transmit to other Members or third parties. We do not control (other than as expressly provided for in these Terms) the Content posted via the Site and, as such, do not guarantee the accuracy, integrity or quality of such Content. You acknowledge that all posts made to this Site express the views and opinions of the author and not Our views or opinions (save and except for posts made by Us) and hence We will not be liable for such posts. Under no circumstances will We be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site.
(a) have the right to post the Content;
(b) will not post any illegal or prohibited Content; and
(c) will not infringe, misappropriate, violate or contravene any third party rights (including, without limitation, any intellectual property rights).
3.5 By posting Content, you represent and warrant that you:
(a) you are not authorised to make available under any law, including but not limited to, Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(b) is offensive to Members or third parties (for example, Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual);
(c) harasses or advocates harassment of another person;
(d) involves the transmission of "junk mail", "chain letters", unsolicited mass mailing or "spamming", pyramid schemes or any other form of unauthorised or unsolicited and unwelcome communication with any third party;
(e) solicits passwords or personal identifying information of any kind for commercial or unlawful purposes from other users;
(f) makes available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to in connection with the Site; and
(g) promotes information that you know is false, misleading or that promotes illegal activities or conduct that is illegal, abusive, threatening, obscene, defamatory or libellous or otherwise violates the rights (such as rights of privacy and publicity) of others.
3.6 The following is a non-exhaustive list of the kind of Content that is illegal or prohibited on the Site (the "Illegal Content"), and We reserve the right (but are not obligated) to investigate and to take appropriate legal action in Our sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Site and terminating the membership of any Member(s) who violate(s) these Terms: Illegal Content includes Content that:
3.7 You must use the Services in a manner consistent with any and all applicable laws, statutes and regulations. Your use of this Site constitutes notice that your IP address is recorded as an additional enforcement mechanism should you breach any of the Terms. You agree that you are solely responsible for (and that We have no responsibility to you or any third party for) any breach of your obligations under the Terms and for the consequences of any such breach.
3.8 You agree that We may access, preserve, and/or disclose your account information, IP address and/or Content if required to do so by law or in the good faith belief that any such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to any claims that any Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of Us, Our users and/or any other third party.
3.9 If you become aware of any infringement of these Terms in respect of the Site or you have a reasonable suspicion that there has been an infringement (for example but not limited to, defamatory comments), you should report any such infringement to Us in accordance with Clause 12 below.
4. Intellectual Property Rights
4.1 All intellectual property rights in any material (including but not limited to copyright, trade marks, the look and feel of the Site and any other proprietary rights in the Site or the Services, whether registerable or otherwise) contained in the Site are either owned by Us or has been licensed to Us by the rights owner(s) so that We can use this material as part of the Site. All such rights are reserved. These materials may be used only for viewing the Site in the ordinary course and for information purposes only. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-utilisation, transmission, republication, downloading, displaying, posting, performing, or other exploitation thereof by any means or medium without the prior written permission of the owner of the intellectual property rights is strictly prohibited.
4.2 All material contained in and published on the Site is intended for the non-commercial use of the user. Subject to the Terms, We grant you a non-exclusive, non-transferable, limited right to access and use the Site and the material displayed thereon but only for uses in accordance with these Terms. However, no right, title, or interest in any such materials will be granted or transferred to you as a result of any permitted access to or use of such materials.
5. Third Party Websites
The Site may include, or third parties may provide, links to other websites or resources. We have no control over such sites and resources, and therefore you acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
6. Privacy
We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy, which is incorporated into these Terms by this reference and is available at http://www.globalfests.com/privacy.php
7. Indemnity
You agree to indemnify, defend and hold harmless Us and any and all of Our subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees from all claims, damages, costs, losses and other expenses, including but not limited to reasonable legal fees, arising out of or relating to any Content you submit, post or transmit to the Site, your use of the Services or the Site, your connection to the Services or the Site, your violation of the Terms, or your violation of any rights of a third party.
8. No resale of Services
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services or Site, use of the Services or Site, or access to the Services or Site.
9. Termination
We may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Services or the Site for any reason, or no reason, at any time in Our sole discretion, with or without notice, including without limitation if We believe that you are under 18 or that you have infringed any of the Terms.
10. Disclaimers
10.1 The Services and the Site are provided to you "as is" and We make no warranty or representation with respect to them.
10.2 In particular, We do not represent or warrant to you that: (a) your use of the Services or Site will meet your requirements; (b) your use of the Services or the Site will be uninterrupted, timely, secure or free from error; (c) any information obtained by you as a result of your use of the Services or the Site will be accurate or reliable; or (d) that defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
10.3 No conditions, warranties or other terms apply to the Services or the Site except to the extent that they are expressly set out in the Terms.
11. LIMITATION OF LIABILITY
11.1 You expressly understand and agree that (to the fullest extent permitted by law) We shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits or contracts, income or revenue, goodwill, anticipated savings, data or other intangible losses (even if We have been advised of the possibility of such damages), arising out of, or resulting from: (a) the use or the inability to use the Site; (b) the use of any Content or other material on the site or any website or websites linked to the Site; (c) unauthorised access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Site; or (e) any other matter relating to the Site. This does not affect Our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
11.2 COMMENTARY AND OTHER MATERIALS POSTED ON OUR SITE ARE NOT INTENDED TO AMOUNT TO ADVICE ON WHICH RELIANCE SHOULD BE PLACED. THE ACCURACY OF THE INFORMATION ON THE SITE IS NOT GUARANTEED AND IS SUBJECT TO CHANGE BY THIRD PARTIES AND THEREFORE WE CANNOT ACCEPT RESPONSIBILITY FOR ANY LOSS DAMAGE OR EXPENSE INCURRED UPON USING THE INFORMATION PROVIDED. WE THEREFORE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY MEMBERS OR ANY VISITOR TO OUR SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
11.3 The disclaimers and limitations of liability contained in these Terms apply to the fullest extent permitted by law.
12. Disputes with Members and Complaints Procedure
12.1 Your interactions with Members in connection with the Service and the Site and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other Members. You agree that We will not be held responsible for any loss or damage incurred as the result of any such dealings or with respect to any other Member’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including, without limitation, any Member) We are under no obligation to become involved. However, We reserve the right, but have no obligation, to monitor disputes and/or act in accordance with the complaints procedure outlined in Clause 12.2.
12.2 If you feel that any Content has directed libel or defamation towards you, or any person or entity related to you or to any other third party, or that the Terms of this Agreement have been infringed in any way, there are two ways to report it to Us: (a) There is a link to the contact page at the bottom of every page on the Site. This will lead you to a contact form in which you can select complaint as your reason for contacting Us. (b) In the forum there is a Report link that will bring you to a similar complaints page, but will target the specific comment that you wish for Us to review in the context of it constituting potentially offensive or infringing material. In the case of either (a) or (a) above, please supply Us with as much information as possible, and We shall respond, using Our reasonable discretion with a view to ensuring that damages are limited, by editing or removing Content that We reasonably consider to be offensive or infringing. If necessary, the Member who posted the offensive or infringing Content will be banned or suspended from the Site to limit the possibility of any further offensive or infringing Content being posted.
12.3 Notwithstanding that We will endeavour to address all complaints as We deem fit in accordance with the foregoing, the limitations of liability contained in Clause 11 shall to the fullest extent permitted by law apply to any acts or omissions by Us in respect of any complaints We receive.
13. General Terms
13.1 The Terms and the relationship between you and Us shall be governed by the laws of Ireland. You agree to submit to the exclusive jurisdiction of the Irish courts. Notwithstanding this, you agree that We may at Our sole discretion apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
13.2 Any failure by Us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.