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Ireland Calls - Terms &
Conditions
This Agreement (the "Agreement") governs your access and
use of the Ireland Calls / Irish Chat / WebCrossing
community facilities, bulletin boards and service (the
"Service"). In consideration for your right to access and
use the Service, you agree as follows:
1. ACCEPTANCE OF TERMS
By clicking the "I Accept" button below or by using these
services, you agree to be bound by the terms of this
Agreement and any modifications made to it in accordance
with Section 16 below.
2. THE SERVICE
You understand and agree that the Service is provided
"AS-IS" and that Ireland Calls / Irish Chat / WebCrossing
assumes no responsibility for, among other things, (1) any
service outages or interruptions (2) the unavailability of
particular boards, features or services, (3) the inability
to access the Service, (4) the failure or inability to post
materials to the Service, (4) the deletion of materials
posted to the Service or (5) the failure to store materials
posted to the service.
3. CONTENT ACCESSIBLE ON THE SERVICE
You understand and agree that any Content posted on the
Service is the exclusive responsibility of the person who
posted or uploaded it, and that you will be solely
responsible for any Content that you upload, post, email or
otherwise transmit via the Service. You acknowledge that
Ireland Calls / Irish Chat / WebCrossing is not responsible
for, does not control, does not endorse and does not verify
the Content posted to the Service or available through the
service, and that it makes no guarantee regarding the
reliability, accuracy, legitimacy or quality of any such
Content. You agree that you will bear any and all risk of
reliance on the accuracy, validity or legitimacy of such
Content. Under no circumstances will Ireland Calls / Irish
Chat / WebCrossing be liable in any way to you 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 or
otherwise transmitted via the Service.
You acknowledge that Ireland Calls / Irish Chat /
WebCrossing does not pre-screen Content, but agree that
Ireland Calls / Irish Chat / WebCrossing shall have the
right (but not the obligation) to access any board, and
remove or restrict access to any Content on the Service in
its sole discretion and without notice or compensation.
Without limiting the foregoing, Ireland Calls / Irish Chat /
WebCrossing shall have the right to access any board and
remove or restrict access to any Content that violates this
Agreement or that Ireland Calls / Irish Chat / WebCrossing
believes is otherwise objectionable.
You acknowledge and agree that Ireland Calls / Irish Chat
/ WebCrossing may preserve or disclose any Content if it
believes in its sole discretion that disclosure is required
by law or that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce
this Agreement; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of Ireland Calls /
Irish Chat / WebCrossing, its users and the public.
4. LICENSE GRANTED TO Ireland Calls / Irish Chat /
WebCrossing
You grant Ireland Calls / Irish Chat / WebCrossing the
world-wide, royalty free and non-exclusive license to
reproduce, modify, adapt, distribute and publish any Content
you post/upload/contribute to the Service, for the purposes
of displaying such information on Ireland Calls / Irish Chat
/ WebCrossing's sites and for the promotion and marketing of
Ireland Calls / Irish Chat / WebCrossing's services.
However, Ireland Calls / Irish Chat / WebCrossing will not
resell, attempt to resell, or otherwise convey these rights
to any third party.
5. USER CONDUCT
User conduct standards apply, and are enforceable,
regardless of Premium or Basic membership status. No refund
shall be given to Premium members whose accounts are
terminated or who are otherwise disciplined for user conduct
violations before their Premium membership expires.
You agree to not use the Service to:
(a) violate or solicit the violation of any applicable
local, state, national or international law;
(b) infringe the rights of any third party, including but
not limited to intellectual property rights and privacy or
publicity rights;
(c) upload, post, email or otherwise transmit any Content
that (1) is unlawful, threatening, abusive, tortious,
defamatory, obscene, libelous, or invasive of another's
privacy; (2) consists of instructional information on
illegal activities; (3) violates or infringes in any way
upon the proprietary rights of others; (4) constitutes
pornography, or sexual material of an obscene nature or that
violates local, state or national laws; (5) is the private
information of another such as their addresses, phone
number, Social Security number or credit card number; (6)
contains software viruses, Trojan horses 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; or (7) you do
not have a right to upload or post due to contractual or
other legal obligation; (d) interfere with or disrupt the
Service, computer servers or boards accessible through the
Service.
If you do use the Service to commit any of the above,
Ireland Calls / Irish Chat / WebCrossing may, at its sole
discretion. terminate your password, account (or any part of
it) or ability to use the Service, and remove and discard
any Content within the Service.
6. MEMBER DISPUTES
You are solely responsible for your interactions with
other users of the Service. Ireland Calls / Irish Chat /
WebCrossing reserves the right, but has no obligation, to
monitor disputes between you and other users of the
Service.
7. CREATION OF BOARDS
In using the Service to create or make accessible a
board, you agree to use your best efforts to ensure that
individuals posting Content to the board comply with
Paragraph 6 of this Agreement, and agree to take action to
remove or disable access to any Content on the board that
violates Paragraph 6 of this Agreement.
8. LIMITATIONS, CONDITIONS AND RULES REGARDING
SERVICE
You agree that Ireland Calls / Irish Chat / WebCrossing
may establish, in its sole discretion, any limitations,
conditions or rules concerning use of the Service and that
Ireland Calls / Irish Chat / WebCrossing has the right to
change these general practices and limits at any time, in
its sole discretion, with or without notice.
9. MODIFICATION AND TERMINATION OF SERVICE
Ireland Calls / Irish Chat / WebCrossing reserves the
right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any
part of it) with or without notice. You agree that Ireland
Calls / Irish Chat / WebCrossing shall not be liable to you
or to any third party for any modification, suspension or
discontinuance of the Service.
You agree that Ireland Calls / Irish Chat / WebCrossing,
in its sole discretion, may terminate your password, account
(or any part of it) or ability to use the Service, and
remove and discard any Content within the Service, for any
reason. You agree that any termination of your access to the
Service may be immediate and without prior notice. You
further agree that Ireland Calls / Irish Chat / WebCrossing
shall not be liable to you or any third-party for any
termination of your use or ability to access the Service.
You agree that if you have paid for Premium Membership, you
will not receive a full or partial refund if your account is
terminated.
10. OTHER WEB SITES AND RESOURCES
Third parties using the Service may provide links or
access to other web sites and resources. Because Ireland
Calls / Irish Chat / WebCrossing has no control over such
sites and resources, you acknowledge and agree that Ireland
Calls / Irish Chat / WebCrossing is not responsible for the
availability of such sites or resources, and does not
endorse and is 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 Ireland Calls / Irish Chat / WebCrossing 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.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Ireland Calls / Irish Chat / WEB CROSSING EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
(b) Ireland Calls / Irish Chat / WEB CROSSING MAKES NO
WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE INFORMATION THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE IS OBTAINED AND USED AT YOUR SOLE|
RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; (d) NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY BY
Ireland Calls / Irish Chat / WEB CROSSING.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Ireland Calls /
Irish Chat / WEB CROSSING SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF Ireland Calls / Irish Chat / WEB CROSSING
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE.
13. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF
THE ABOVE LIMITATIONS OF SECTION 11 MAY NOT APPLY TO
YOU.
14. INDEMNITY
You agree to indemnify and hold Ireland Calls / Irish
Chat / WebCrossing, and its subsidiaries, affiliates,
officers, agents, employees, and contractors harmless from
any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of Content you
submit, post to or transmit through the Service, your use of
the Service, your connection to the Service, your violation
of the law, this Agreement or the rights of another.
15. NOTICES
Notices to you may be made via either email or regular
mail. Ireland Calls / Irish Chat / WebCrossing may also
provide notices of changes to this Agreement or the Service
by displaying notices or links to notices to you generally
on the Service.
16. LEGAL DISPUTES
This Agreement and your relationship with Ireland Calls /
Irish Chat / WebCrossing shall be governed by the laws of
the State of California without regard to its conflict of
law provisions. You and Ireland Calls / Irish Chat /
WebCrossing agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of San
Francisco California, USA agree that regardless of any
statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or the
Agreement must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
17. MODIFICATION
We may amend this Agreement at any time by posting the
amended terms on our site. Your use of the Service following
the modifications shall constitute your binding acceptance
of those modifications. This Agreement may not be otherwise
amended except in a writing signed by an officer of Ireland
Calls / Irish Chat / WebCrossing.
18. GENERAL
This Agreement constitutes the entire agreement between
you and Ireland Calls / Irish Chat / WebCrossing with
respect to the Service and supersedes all prior agreements
and understandings between you and Ireland Calls / Irish
Chat / WebCrossing. Ireland Calls / Irish Chat /
WebCrossing's failure to enforce any provision of this
agreement will not be construed as a waiver of any provision
or right. In the event that a portion of this agreement is
held unenforceable, the unenforceable portion will be
construed in accordance with applicable law as nearly as
possible to reflect the original intentions of the parties,
and the remainder of the provisions will remain in full
force and effect.
Submitting A Complaint/Legal Issue
All complaints and requests for action must be submitted
via electronic (for fastest response) or physical mail; we
cannot respond to telephone complaints.
Under United States federal law (47 U.S.C.
¢¥230), services like Ireland Calls / Irish Chat /
WebCrossing are not liable for content posted to their
services by third parties. Accordingly, Ireland Calls /
Irish Chat / WebCrossing may choose not to remove postings
based on allegations of abuse without legal process that
Ireland Calls / Irish Chat / WebCrossing reasonably believes
compels a response. By contrast, where a party presents a
court order establishing that particular content is abusive
and should be removed, Ireland Calls / Irish Chat /
WebCrossing will respond as it believes appropriate. We will
also respond appropriately to intellectual property claims,
and may remove any post as we see fit, in accordance with
our Terms of Use.
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