This page states the terms and conditions that govern your access to, and use of the irishexaminer.com website and other digital products and services offered by the Irish Examiner (hereafter referred to as "the Irish Examiner", "us" or "we") such other products and services including but not being limited to mobile applications and RSS feeds.
In these terms and conditions, "the Irish Examiner Site" or "the Site" refers collectively to all digital products and services offered by the Irish Examiner, including any mobile applications regardless of how you choose to access them. In accessing the Site, you (hereafter referred to as "you" or "the User") agree to abide by the terms and conditions (hereafter referred to as "TOS") set out on this page. Use of particular services offered by the Irish Examiner Site may be subject to additional terms and conditions, which are outlined at the end of the TOS. These services ("the Services") can be divided into Paid Subscription Services (as identified below and defined in Clause 26) and other services for which you may be required to register. The current list of the Services is as follows:
Mobile Applications and Mobile Push Services
Please note that only subscription to the Paid Subscription Services entitles you to access those services. Registration for any of the other services does not entitle you to access the Paid Subscription Services. You may be required to register separately for some of the services, even if you have already registered for others.
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 27.
The Irish Examiner provides both free and subscription products and services via irishexaminer.com and through its mobile applications. In accessing the Site and the mobile applications, you acknowledge and agree to the terms and conditions of the TOS and any operating rules or policies that may be published from time to time by the Irish Examiner. The TOS, together with any copyright notice published by the Irish Examiner on the Site, comprise the entire agreement between the User and the Irish Examiner and supersede all prior agreements between the parties. You may also be subject to additional terms and conditions by agreement with the Irish Examiner or when you use affiliate or third party services.
To access the Site, the User must do the following:
The Irish Examiner reserves the right to modify the terms and conditions of the TOS at any time, 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 Site, the User agrees to be bound by the amended TOS.
Some Services may require the User to supply certain personal information. In consideration for the use of the Services, the User agrees to do the following:
If the User provides any information that is untrue, not current, incomplete or inaccurate, or if we have reasonable grounds to suspect that such information is untrue, not current, incomplete or inaccurate, we have the right to suspend or terminate the User's use of the Services. All information requested on original sign up and/or subscription shall hereafter be referred to as "Registration Information". This Registration Information will be retained by the Irish Examiner, and any of our co-branding partners if applicable, for no longer than is necessary to provide the Services to the User and for any other purpose to which you have consented. Unless the User has agreed to the use of the Registration Information for direct marketing purposes by the Irish Examiner, our co-branding partners or selected third parties, we agree to use the Registration Information only for the purpose of supplying the Services to the User and any other purpose to which you have consented. Users can unsubscribe from any of our email communications at any time by clicking on the 'Unsubscribe' link that appears in the footer of all our email communications. The Irish Examiner does not make any representation or warranty with respect to the content of any direct marketing messages or any goods or services that may be obtained from such third parties, and the User agrees that the Irish Examiner shall not have any liability with respect thereof. We reserve the right to disclose the Registration Information if required to do so by law, or if we believe 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 the Irish Examiner, Site users and the public.
The User is entirely responsible for maintaining the confidentiality of the User's passwords and accounts, and for any and all activities that occur under the User's accounts or passwords. The User agrees to immediately notify the Irish Examiner of any unauthorised use of the User's accounts or passwords, or any other breaches of security known to the User. We will not be liable for any loss that the User may incur as a result of someone else using or accessing the User's passwords or accounts, either with or without the User's knowledge. However, the User may be held liable for losses incurred by the Irish Examiner or any other party as a result of someone else using or accessing the User's passwords or accounts. The User will not use anyone else's accounts at any time without the permission of the account holder. The User may change his/her passwords or profile by following the instructions on the Site.
The Irish Examiner is required by law to provide the User with the following information:
All notices issued by or on behalf of the Irish Examiner shall be in writing and shall be made via online announcements, email or conventional mail.
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, the Site's advertisers or other Site Users – may be protected by copyrights, trademarks, patents or other proprietary rights and laws. Unless otherwise expressly authorised in writing by the Irish Examiner, the User is only granted a limited personal licence for his/her own personal, non-commercial use of the Site and Services to download the Content to a single personal computer or to make a printout in respect of a single copy of the Content for personal reference. 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.
If the User submits content (hereafter referred to as "User Content") to the Irish Examiner, the User agrees and warrants that he/she created the User Content, or has received permission from, or is duly authorised by, the owner of any part of the User Content to do so. In the event that the User submits User Content to the Irish Examiner, either the User or the owner of the User Content remains the copyright owner. However, by submitting User Content to the Irish Examiner, the User grants us an unconditional, irrevocable, non-exclusive, royalty-free, perpetual worldwide, fully transferable licence to use, publish or transmit, or to authorise third parties to use, publish or transmit, the User Content in any format and on any platform, either currently known or hereafter invented.
The User agrees to indemnify, defend (at the request of the Irish Examiner), and hold the Site, its parent, subsidiaries, 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 any of the following:
The Irish Examiner has no obligation to monitor the Site, but reserves the right to do so and to remove any Content or Material at its sole discretion at any time without notice.
For any complaint, such as a complaint of any abuse of the Site, 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 Site, 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 the Irish Examiner via firstname.lastname@example.org.
The Irish Examiner 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. We shall not be liable to the User or any third party should we exercise our right to modify or discontinue the Site or Services. No refunds will be granted to any Users who have paid Services fees in this instance.
The Irish Examiner reserves the right to terminate all or part of the Site at any time without notice, and without issuing any refunds if the User is in breach of the TOS. We shall not be liable to the User or any third party for any loss or damage howsoever arising from the termination of the Site or any part thereof. In respect of the Paid Subscription Services only, the Irish Examiner reserves the right to terminate User accounts following the expiry of the subscription period and to delete all information and files on these accounts if the User does not renew the subscription.
The Irish Examiner 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 we have been advised of the possibility of such damages, howsoever arising, out of use of the Site or Services.
The TOS shall for all purposes be governed by and interpreted in accordance with the laws of Ireland. The User and the Irish Examiner agree to submit to the exclusive jurisdiction of the courts of Ireland. The place of performance of this Agreement shall be Ireland.
No right may be assigned and no duty may be delegated by the User under this Agreement except upon the written consent of the Irish Examiner. Any attempted assignment and delegation without such consent shall be void and without effect. The Irish Examiner 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.
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.
If an arbitrator, court or other competent authority finds any provision of this agreement 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.
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, failure by the Irish Examiner 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 us in writing.
The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.
If you do not agree to the terms of this licence, we will not license the App to you and you must stop the downloading process now [by clicking on the "Cancel" button below. In this case the downloading process will terminate.
The terms of this End User License Agreement (EULA) apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.
We may change these terms at any time without notice to you. Please check this page regularly.
From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms.
You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described below (Devices) and to download a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
We may make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may withdraw this consent at any time by turning off the location services settings.
The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
Grant and scope of licence
download or stream a copy of the App onto a mobile telephone or tablet and to view, use and display the Apps on the Devices for your personal purposes only;
Except as expressly set out in this EULA or as permitted by any local law, you agree:
not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs.
Acceptable use restrictions
not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service including the submission of any material(to the extent that such use is not licensed by this EULA);
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
Intellectual property rights
You acknowledge that all intellectual property rights in the App, anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, other than the right to use it in accordance with the terms of this EULA.
You acknowledge that you have no right to have access to the App in source-code form.
Limitation of liability
You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We are not responsible for any unforeseeable loss or damage.
We may terminate this EULA in accordance with condition 16.
On termination for any reason:
all rights granted to you under this EULA shall cease;
you must immediately cease all activities authorised by this EULA, including your use of any Services;
you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so;
Communication between us
If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to the Irish Examiner at the Irish Examiner Building, 2nd Floor, Linn Dubh, Assumption Road, Blackpool, Cork 2 and email@example.com. We will confirm receipt of this by contacting you in writing, normally by e-mail.
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control including failure of public or private telecommunications networks(Event Outside Our Control).
If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control;
Other important terms
We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
The Commercial User agrees to pay the Commercial User Services fees where applicable as determined by the Irish Examiner from time to time.The Commercial User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Content without expressly being authorised to do so by the relevant copyright owner. The Commercial User further agrees not to use the services to reproduce, scrape, automatically summarise or aggregate any portion of the Content without prior licence or written permission from the Irish Examiner.