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Terms of Service
. This site is owned and operated by Digiserve Software Services Ltd. (referred to as " Digiserve Software Services Ltd." or "IrishAbroad.com"). Digiserve Software Services Ltd. 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 Digiserve Software Services Ltd., 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 Digiserve Software Services Ltd., 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 Digiserve Software Services Ltd. 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 Digiserve Software Services Ltd. 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 Digiserve Software Services Ltd. 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 Digiserve Software Services Ltd., 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 Digiserve Software Services Ltd., 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 Digiserve Software Services Ltd. 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 Digiserve Software Services Ltd., 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.
. Digiserve Software Services Ltd. 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 Digiserve Software Services Ltd. and to satisfy any law, regulation or authorized government request. Digiserve Software Services Ltd. 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, Digiserve Software Services Ltd. shall have the right to remove any material that Digiserve Software Services Ltd., in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
. You agree to defend, indemnify and hold harmless Digiserve Software Services Ltd. 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.
. Digiserve Software Services Ltd. logos are trademarks of Digiserve Software Services Ltd. All rights reserved. All other trademarks appearing on the site are the property of their respective owners.
Third Party Content
. Digiserve Software Services Ltd. is a distributor (and not a publisher) of content supplied by third parties and users of the site. Accordingly, Digiserve Software Services Ltd. 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 Digiserve Software Services Ltd. In many instances, the content available through the site represents the opinions and judgments of the respective information provider or user. Digiserve Software Services Ltd. 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 Digiserve Software Services Ltd. employee spokespersons while acting in their official capacities.
. Digiserve Software Services Ltd. 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.
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.
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 firstname.lastname@example.org. If you have questions about your bill or about IrishAbroad Premium's billing policies, please contact us at email@example.com. Disputed charges must be reported to IrishAbroad Premium by an e-mail to this address firstname.lastname@example.org 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 email@example.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, firstname.lastname@example.org, 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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