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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS
SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE
DO NOT USE THIS SITE. THESE TERMS OF USE APPLY TO ALL USERS OF THE SITE, REGARDLESS OF
WITHER YOU HAVE PAID A SUBSCRIPTION OR NOT.
- General
. This site is owned and operated by Turus Inc. (referred to as " TURUS
INC." or "IrishAbroad.com"). TURUS INC. has the right at any time to change
or discontinue any aspect or feature of the site, including, without limitation, the
content, hours of availability, and equipment needed for access or use of the site.
- Restrictions on Use.
- You shall use the site for lawful purposes only. You shall not post or transmit through
the site any material which violates or infringes in any way upon the rights of others,
which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity
rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that
would constitute a criminal offense, gives rise to civil liability or otherwise violate
any law. Without the express prior approval of TURUS INC., you shall not post or transmit
through the site any material which contains advertising or any solicitation with respect
to products or services. You shall not use the site to advertise or perform any commercial
solicitation, including, without limitation, the solicitation of users to become
subscribers of other on-line information services competitive with the site. Any conduct
by you that in the discretion of TURUS INC., restricts or inhibits any other user from
using or enjoying the site will not be permitted.
- The site contains copyrighted material, trademarks and other proprietary information,
including, without limitation, text, software, photos, video, graphics, music and sound,
and the contents of the site are copyrighted under the United States copyright laws. You
may not modify, publish, transmit, display, participate in the transfer or sale, create
derivative works, or in any way exploit, any of the content, in whole or in part. You may
download one copy of any copyrighted material for your personal, non-commercial home use
only. Except as otherwise expressly permitted under copyright law, no copying,
redistribution, retransmission, publication or commercial exploitation of downloaded
material will be permitted without the express written permission of TURUS INC. and the
copyright owner. In the event of any permitted copying, redistribution or publication of
copyrighted material, no changes in or deletion of author attribution, trademark legend or
copyright notice shall be made. You acknowledge that you do not acquire any ownership
rights by downloading copyrighted material.
- You shall not upload, post or otherwise make available on the site any material
protected by copyright, trademark or other proprietary right without the express
permission of the owner of the copyright, trademark or other proprietary right and the
burden of determining that any material is not protected by copyright rests with you. You
shall be solely liable for any damage resulting from any infringement of copyrights,
proprietary rights, or any other harm resulting from such a submission. By submitting
material to any public area of the site, you automatically grant, or warrant that the
owner of such material has expressly granted TURUS INC. the royalty-free, worldwide,
perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt,
publish, display, translate and distribute such material (in whole or in part) and/or to
incorporate it in other works in any form, media or technology now known or hereafter
developed. You also permit any other user of the site to access, view, store or reproduce
the material for that user's personal use. You grant TURUS INC. the right to edit, copy,
display, publish and distribute any material made available on the site by you.
- The foregoing provisions of Section 2 are for the benefit of TURUS INC., its
subsidiaries, affiliates and its third party content providers and licensors and each
shall have the right to assert and enforce such provisions directly or on its own behalf.
- Disclaimer of Warranty; Limitation of Liability.
- YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER TURUS INC., ITS
AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR
LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE
ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE
SITE.
- THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE
WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED
FROM THE USE OF THE SITE.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR
BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER
ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT TURUS INC. IS NOT LIABLE FOR
THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE
RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- IN NO EVENT WILL TURUS INC., OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR
DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT
(INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT
LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST
PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION
SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TURUS'S TOTAL LIABILITY TO
YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS
OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
- Monitoring. TURUS INC. shall have the right, but not the obligation, to monitor
the content of the site [including chat rooms and forums], to determine compliance with
these conditions of use and any operating rules established by TURUS INC. and to satisfy
any law, regulation or authorized government request. TURUS INC. shall have the right in
its sole discretion to edit, refuse to post or remove any material submitted to or posted
on the site. Without limiting the foregoing, TURUS INC. shall have the right to remove any
material that TURUS INC., in its sole discretion, finds to be in violation of the
provisions hereof or otherwise objectionable.
- Indemnification. You agree to defend, indemnify and hold harmless TURUS
INC. and its affiliates and their respective directors, officers, employees and agents
from and against any and all claims, actions, demands, damages, costs, liabilities, losses
and expenses (including reasonable attorneys' fees) arising out of your use of the site.
- Trademarks. TURUS INC. logos are trademarks of TURUS INC. All rights
reserved. All other trademarks appearing on the site are the property of their respective
owners.
- Third Party Content. TURUS INC. is a distributor (and not a publisher) of
content supplied by third parties and users of the site. Accordingly, TURUS INC. has no
more editorial control over such content than does a public library, bookstore, or
newsstand. Any opinions, advice, statements, services, offers, or other information or
content expressed or made available by third parties, including information providers and
users, are those of the respective author(s) or distributor(s) and not of TURUS INC. In
many instances, the content available through the site represents the opinions and
judgments of the respective information provider or user. TURUS INC. neither endorses nor
is responsible for the accuracy or reliability of any opinion, advice or statement made on
the site by anyone other than authorized TURUS INC. employee spokespersons while acting in
their official capacities.
- Changed Terms. TURUS INC. has the right at any time to change or modify the
terms and conditions applicable to use of the site, or any part thereof, or to impose new
conditions, including, without limitation, adding fees and charges for use. Such changes,
modifications, additions or deletions shall be effective immediately upon notice thereof,
which may be given by any means including, without limitation, posting on the site, or by
electronic or conventional mail, or by any other means. Any use of the site by you after
such notice shall be deemed to constitute acceptance of such changes, modifications,
additions or deletions.
- Miscellaneous
. These terms of use constitute the entire agreement of the
parties with respect to the subject matter hereof and supersede all previous written or
oral agreements between the parties with respect to such subject matter. These terms of
use shall be construed in accordance with the laws of the State of California, without
regard to its conflict of laws rules. No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
The section headings used herein are for convenience only and shall not be given any legal
import.
- Irishabroad.com reserves the right to expel Members and prevent their further
access to the Services for violating these membership terms and conditions or
the law and further reserves the right to remove communications which are
abusive, illegal, defamatory or disruptive.
- Irishabroad.com will not refund any expelled, blocked or banned member.
- Irishabroad.com retains the right to terminate your membership and rights
to use the Services or restrict availability of or to discontinue the
Services at anytime without cause, and without any liability to you.
- PREMIUM SERVICES
- FEES AND PAYMENTS. IrishAbroad will charge you fees for access to IrishAbroad's Premium offerings.
In order to use the Service or designated portions of the Service you will
be required to register and create an account. You agree to pay all fees and
charges, including applicable taxes, incurred through your account at the
rates in effect for the billing period in which such fees and charges are
incurred. IrishAbroad reserves the right to change the amount of, or basis
for determining, any Fees, and to institute new Fees, effective upon prior
notice to you.
In order to set up an account with IrishAbroad you must provide IrishAbroad
with valid credit card information or a valid check or money order. By submitting
such credit card information, you give IrishAbroad permission to charge all
Fees incurred through your account to the credit card you designate on the
Registration Form. All Fees will be charged at the
time they are incurred.
Your right to use the Service is subject to any restrictions established
by IrishAbroad or by your credit card issuer. If payment cannot be charged
to your credit card or your payment is returned to IrishAbroad for any reason,
including charge back, IrishAbroad reserves the right to either suspend or
terminate your account and all its obligations under this Agreement.
If you have reason to believe that your account is no longer secure (for
example, in the event of a loss, theft or unauthorized disclosure or use of
your ID, password or any personal data stored on the
Service), you must promptly change your password and notify IrishAbroad of
the problem by giving notice via e-mail to support@IrishAbroad.com.
If you have questions about your bill or about IrishAbroad Premium's billing
policies, please contact us at support@IrishAbroad.com. Disputed charges must
be reported to IrishAbroad Premium by an e-mail to this address support@IrishAbroad.com
within 30 days of the disputed billing date.
- REGISTRATION AND ACCOUNT CREATION.
As part of the registration and account creation process required to obtain
access to this Service, you will select a subscriber ID (username) and a password.
You will provide IrishAbroad with certain registration information, all of
which must be accurate and updated (if any of your registration information
changes, you can update it by visiting our Edit Profile page). You will be
solely responsible for maintaining the confidentiality of your password. You
are solely responsible for all usage or activity on your IrishAbroad account
including, but not limited to, use of the account by any person authorized
by you to use your subscriber ID and password.
- NON-TRANSFERABILITY OF SUBSCRIPTION.
Your right to use this site is personal to you and you may not sub-license,
transfer, sell or assign this agreement to any third party without our approval.
Any attempt to do so will be void.
- SUBSCRIPTION RENEWAL AND CANCELLATION.
IrishAbroad will automatically renew and charge your account upon every one-year
or monthly anniversary of the date on which you subscribed. You give permission
to IrishAbroad to automatically charge your subscription fee to your credit
card annually. However, you may "opt out" of this automatic renewal
at any time prior to the end of the applicable billing period, by giving IrishAbroad
notice by e-mail to support@IrishAbroad.com that you do not wish to renew
your account. Also, IrishAbroad will e-mail subscribers approximately one
month before such a renewal and give them the opportunity to cancel their
subscriptions. IrishAbroad will cancel your account upon receipt of such notification
from you.
The renewal charge will be equal to your original sign-up price, unless you
are otherwise notified in advance (electronically) by IrishAbroad.
You may cancel a one year subscription and receive a full refund if you make
your cancellation and refund request to this e-mail address, support@IrishAbroad.com,
within 7 calendar days from the day you signed up, provided you have not downloaded
or used any of the premium offers or benefits. A fee of $15 will be charged for any refunds
to cover charge back and adminsitration costs.
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