Terms and Conditions

Version 1.2
Last updated: 21st July, 2011

Please read these Terms and Conditions carefully. They contain important provisions which, in particular, limit our liability to you, specify how we may use your content, and deal with how disputes will be resolved.

1. The Terms and Conditions

1.1 This page (together with the documents referred to on it and, in particular, our Privacy Policy and Acceptable Usage Policy) (together, called the "Terms and Conditions") tells you the terms and conditions on which you use this website www.worldirish.com ("WorldIrish"), whether as a Member or unregistered user.

1.2 By using WorldIrish, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use WorldIrish.

1.3 We may revise the Terms and Conditions from time to time. When we do, we will notify Members by an email to their registered address. The Terms and Conditions should be read carefully each time that you intend to use or access WorldIrish as, by doing so, you will be bound by the most recent version of them. We recommend that you print or save a copy of the Terms and Conditions (and any documents referred to in them) for future reference.

1.4 Your mandatory consumer rights are not affected by these Terms and Conditions.

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2. Information about us

2.1 This website is operated by Gateway Application Programming Interface Limited which is called "we" or other similar expressions in these Terms and Conditions. Our registered office is at Gateway House, 133 Capel Street, Dublin 1, Ireland. We are a company with limited liability registered under the laws of Ireland with registered number 493316. This is also our main trading address. We can be contacted at:

Email: hello@worldirish.com
Phone: +353 1 804 4710

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3. Membership of WorldIrish

3.1 You are not required to register as a Member if you simply want to browse through WorldIrish. However, access to certain Content and parts, features and services of WorldIrish may be restricted to Members.

3.3 Only persons who are thirteen (13) years or older are eligible to become a Member of WorldIrish.

3.4 Registration as a Member is at our sole discretion and may be refused, accepted, suspended, revoked or terminated from time to time without reason or advance notice.

3.5 As a condition of registration as a Member, you agree:

• to provide truthful, current and complete information about you;
• to keep your profile accurate and up-to-date;
• to choose an appropriate username and secure password for your profile;
• to use your real name for your profile identity;
• to maintain the security and confidentiality of your password;
• to be fully responsible for all use of your profile and for any actions that take place using your profile;
• to respect the privacy and rights of other users and Members and their profiles;
• your use of WorldIrish does not violate any applicable law or regulation. and
• to these Terms and Conditions including our Privacy Policy and Acceptable Usage Policy.

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4. Your WorldIrish Profile

4.1 If WorldIrish accepts you as a Member, you will be provided with an individual profile and you will be required to choose a username and password for your profile. You must use your real name for your profile identity and must provide a valid email address. We may restrict the username or password you can choose. You are entirely responsible for all actions on, and Content posted or linked through, your profile.

4.2 You may not set up or operate a profile on WorldIrish on behalf of another individual or on behalf of a firm, organisation, charity or business without our prior permission. Please contact us at hello@worldirish.com if you wish to do so.

4.3 You agree not to use the profile or username of another Member at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorised use of your profile or username or access to your password.

4.4 The information on your profile is publicly available to the world at large, including through Internet searches.

4.5 We may disable, revoke, suspend or terminate your profile, Membership, username or password at any time if, in our opinion, you have failed to comply with any provisions of these Terms and Conditions. This includes if Content is posted or linked by you or through your profile which breaches these Terms and Conditions.

4.6 We may issue you with a new profile, password or username if we feel this is necessary for the security and integrity of WorldIrish or otherwise required by us for policy reasons.

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5. Using WorldIrish

5.1 Use of WorldIrish is permitted on a temporary basis, and we reserve the right to withdraw, revoke, terminate, amend or suspend, in whole or in part, WorldIrish and the service and features we provide on it, without notice.

5.2 From time to time, we may restrict or change the levels of access to some parts, features and services of WorldIrish, or all of it. Different levels of access may, at our absolute discretion, be granted from time to time to Members depending on membership types we create. Any levels of access may be varied at our absolute discretion.

5.3 WorldIrish may only be used for personal, non-commercial purposes unless we have given prior permission. Please contact us at hello@worldirish.com if you wish to seek permission for non-personal use. WorldIrish cannot be used for commercial gain or direct or indirect advertising, marketing or promotional purposes. It is not permitted to use WorldIrish to collect usernames and contact details for the purposes of sending direct marketing.

5.4 Use of WorldIrish is subject to our Acceptable Usage Policy.

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6. Posting Content

6.1 You are solely and entirely responsible for all Content posted or linked on or through WorldIrish by you or through your profile. You must, in particular, ensure that it is fully compliant with these Terms and Conditions, our Acceptable Usage Policy and does not harm or infringe any other person's good name, privacy or intellectual property or other rights.

6.2 You continually warrant that any Content posted or linked on or through WorldIrish by you or through your profile complies with these Terms and Conditions and you indemnify us for any breach of that warranty. You agree, in particular, to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any Content posted or linked on or through WorldIrish by you or through your profile (including any legal costs and expenses suffered or incurred by us arising out of any claims in any way connected with a breach of that warranty).

6.3 You acknowledge and agree that (with the exception of private messages) all Content posted or linked on or though WorldIrish by you or through your Member account: Is non-confidential, not private and will be fully available to any person using or searching WorldIrish.

6.4 You may edit your profile from time to time. However, you acknowledge that we may retain archived copies of such Content and that some of this may be cached or otherwise incapable of being located and, consequently, deleted from our system.

6.5 In order to ensure that conversations and threads are not disrupted, you cannot delete or edit your public Postings once posted. You can ask us to remove them and, while we are under no duty to do so, we will endeavour to delete them where there is a good reason for deletion. If you would like us to remove them, you should specifically identify the relevant Posting and exactly where it is posted on WorldIrish so that we can easily locate the relevant Posting to be removed.

6.6 We may reject, refuse to post, disable, remove, revise, edit or delete any Content (including links) posted or linked (in whole or in part) for any or no reason without notice. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Content posted or linked on or through WorldIrish by you or through your profile.

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7. Your Links to Other Websites

7.1 WorldIrish allows you to link Content from websites other than WorldIrish to your profile. You are solely responsible for ensuring that any Content from any such websites complies with these Terms and Conditions. In addition, you are solely responsible for ensuring that linking to those websites and related Content does not violate any agreement you may have with the operator of that website or any other person.

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8. Ownership of Content

8.1 We do not claim any ownership rights in the Content you post or link to WorldIrish. After posting your Content to the Site, you continue to retain all ownership and/or license rights in such Content, and you continue (subject to these Terms and Conditions) to have the right to use your Content in any way you choose.

8.2 However, we do need your permission to use your Content for the purpose of the Site. Consequently, by posting or linking any Content on or through WorldIrish, you grant us a license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through WorldIrish and to any rights and remedies in respect of any unauthorised use of such Content by other persons. The benefit of this licence may also be transferred by us to any app developers or channel partners whom we permit to access your information by granting them a sub-licence. The license you grant to us is (and sub-licences we grant are) non-exclusive, irrevocable, fully-paid and royalty-free, sublicensable, transferable, and worldwide. You acknowledge and agree that this license continues after your membership is terminated or expires.

8.3 We may use or refer to Content posted or linked by you in preparing reports, conducting research, in our publications and in our communications with third parties and your license to us in this section extends to such uses by us. Such uses will only be on an anonymous and aggregate basis.

8.4 You represent and warrant that you have the right to grant the license set forth in this section.

8.5 We are the owner or the licensee of WorldIrish and all Content in or on WorldIrish or available through WorldIrish, including all related software, intellectual property rights, know how, and the looks and feel, structure and arrangement. The Content is protected by copyright, sui generis database rights and other intellectual property laws and treaties around the world. All such rights are reserved. Your ownership of the Content you post to WorldIrish is not affected by this section.

8.6 You are granted, subject to full compliance with these Terms and Conditions, a limited revocable license to use WorldIrish and the Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use provided that you keep all copyright or other proprietary notices intact. This licence can be suspended, revoked or terminated, in whole or in part, at any time at our absolute discretion without cause or advance notice.

8.7 You may not extract, re-utilise, modify, copy, harvest, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, licence or sell any Content in any form or by any means, in whole or in part, without our prior written permission. This is with the exception of your own Content that you legally post or link on WorldIrish.

8.8 All licences granted by us under these Terms and Conditions automatically terminate on any breach of these Terms and Conditions by you.

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9. Reliance on Content

9.1 We do not investigate, monitor or check for accuracy, appropriateness, or completeness Content posted or linked on or through WorldIrish by users or us. It may, for example, be inaccurate, misleading, untrue or out of date at any given time. All Content should accordingly not be regarded as advice or information on which any reliance should be placed. Any decision to do so is at your own risk.

9.2 The Content on, and features and services of, WorldIrish change regularly. We cannot and do not guarantee or in any way represent that Content will remain on or available through WorldIrish, or that features of services or WorldIrish will remain available through WorldIrish, for any particular period.

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10. Complaints regarding Content

10.1 We respect the good name, privacy, intellectual property and other rights of others and we prohibit users from posting on or through WorldIrish any Content that infringes or harms another person's good name, privacy or intellectual property or other rights.

10.2 If you feel that any Content is not compliant with our Terms and Conditions, please let us know by submitting a complaint in accordance with our complaints procedure.

10.3 When we receive proper notification of alleged breaches of our Terms and Conditions, we endeavour (without obligation) to promptly remove, delete, edit, revise or disable access to the allegedly infringing material and may terminate the profile of repeat infringers where, and insofar as, we, at our absolute discretion, consider this appropriate and justifiable. However, we are not responsible or liable for any Content posted or linked by any person.

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11. App Developers

11.1 Application developers or other commercial users of WorldIrish or any Content on it may only may use WorldIrish subject to, and in accordance with, our Developers Policy.

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12. Our Liability

12.1 WorldIrish and the services, features and Content accessible on or through it is provided "as is" and "as available" without any guarantees, conditions or warranties. To the fullest extent permitted by applicable law, we (and other members of our group of companies from time to time and third parties connected to us) hereby expressly exclude:

• a. all conditions, warranties and other terms which might otherwise be implied by statute, common law (including negligence) or the law of equity;
• b. any liability for any indirect or consequential loss or damage incurred by any user in connection with WorldIrish, its services and features or in connection with the use, inability to use, or results of the use of WorldIrish, its services and features, any websites linked to WorldIrish and any Content posted or linked on or through it, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or even if we were advised in advance of the possibility of such loss or damage;
• c. any liability for any:
  i. loss of income or revenue;
  ii. loss of business;
  iii. loss of profits or contracts;
  iv. loss of anticipated savings;
  v. loss of or damage to, or loss of use of, data, equipment or infrastructure;
  vi. loss of or damage to goodwill or reputation;
  vii. breach of these Terms and Conditions by, or conduct of, any other person; and/or
  viii. wasted management or office time, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or even if we were advised in advance of the possibility of such loss or damage.

12.2 Our total aggregate liability to any user or Member for any direct losses proven to have been caused by us will in all cases be limited to €100.

12.3 You accept and acknowledge that we are an information society service provider, as defined in Directive 2000/31/EC and transposed into Irish law by the European Communities (Directive 2000/31/EC) Regulations, 2003 (S.I. 68 of 2003), and that we are not under any obligation to monitor the information which we transmit or store. You agree and acknowledge that we shall not be liable in respect of information which is hosted or cached by us or in respect of which we act as a mere conduit.

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13. Privacy

13.1 We fully respect your right to privacy. Please see our Privacy Policy which is designed to help you understand how we collect and use the personal information, Content and Postings you decide to share, and help you make informed decisions when using WorldIrish.

13.2 By accessing and/or using WorldIrish, you agree to our Privacy Policy, whether as a Member or unregistered user.

13.3 With the exception of private messages, any Content posted on or though WorldIrish by you or through your Member account is considered non-confidential and can be disclosed or made available to other users and third parties. Postings (such as story comments or forum posts) are public and can be viewed by any visitor to the site.

13.4 When you use an application, your Content is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that Content.

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14. Links from WorldIrish

14.1 Any links on WorldIrish to other sites and resources provided by third parties are provided for your information only. WorldIrish has no control over the contents of those sites or resources, does not investigate, monitor or endorse them and accepts no responsibility for them or for any loss or damage that may arise from your use of them. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you access from WorldIrish.

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15. User Disputes

15.1 You are solely responsible for your interactions with other users of WorldIrish. We reserve the right, but have no obligation, to monitor disputes between you and other users.

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16. Indemnity

16.1 You agree to indemnify us (and our subsidiaries and associated companies from time to time) from any loss, liability, claim, or demand, including reasonable legal fees, suffered or incurred by us (and our subsidiaries and associated companies from time to time) arising out of or in connection with your use of WorldIrish, and breach of these Terms and Conditions and/or any Content posted or linked by you or through your profile.

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17. Entire Agreement

17.1 These Terms and Conditions represent the entire understanding between you and us concerning the use of WorldIrish and all prior promises, representations, agreements and understanding are hereby revoked. You confirm that you have not relied on, and have no remedies in respect of, any representations or warranties that are not set out in these Terms and Conditions and that there is no collateral agreement between us and you.

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18. Jurisdiction and Applicable Law

18.1 Ireland is the place of performance in respect of WorldIrish and its services and features. The Irish courts have exclusive jurisdiction over any claim arising from, or related to, use of WorldIrish or Content posted or linked on it or any matter or dispute arising out of, or in connection with, the foregoing (although WorldIrish retains the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any other relevant country). These Terms and Conditions and any dispute, claim or matter arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) is governed by and construed in accordance with Irish law.

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19. General

19.1 You agree that we may transfer, assign, sub-licence or sub-contract in any manner whatever any of our rights and obligations, in whole or in part, to a subsidiary or affiliate company, successor or any purchaser of all or any part of WorldIrish's assets. We will endeavour to ensure that any assignment has no detrimental effect on any guarantees we have provided to you.

19.2 The section headings to the provisions in these Terms and Conditions are inserted for convenience of reference only and will not be considered as part of or affect the construction or interpretation of these Terms and Conditions.

19.3 If any provisions of these Terms and Conditions are held by any court of competent jurisdiction or other competent authority to be unenforceable, illegal or void in whole or in part, then such part may be severed by the relevant court or competent authority from the remainder of the these Terms and Conditions which shall remain in full force and effect to the fullest extent permitted by applicable law.

19.4 These Terms and Conditions may only be waived by a party in writing. A waiver by either party of any breach by the other party of any of the provisions of these Terms and Conditions does not constitute a general waiver of such provision or of any subsequent act contrary to it. The failure or neglect by a party to enforce any provision of these Terms and Conditions is not (and will not be deemed to be) a waiver of that party's rights under these Terms and Conditions and does not prejudice that party's right to take subsequent action in respect of such provision.

19.5 We reserve the right, in our absolute discretion, to waive or modify any of these Terms and Conditions as they apply to a specific Posting or item of Content or as they apply to a specific Member or user, without affecting the application of these Terms and Conditions to all other Postings, Content, Members or users.

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20. Definitions

20.1 In these Terms and Conditions, the following terms have the following meanings:

• "Content" includes all information, data, comments, materials, messages, notes, text, music, video, photos, advertisements, listings, postings in forums, chat areas, blogs and testimonials and other content (and including all related software, intellectual property rights, know how, and look and feel, structure and arrangement).
• "Ireland" means the Republic of Ireland and references to Irish law mean the law of the Republic of Ireland.
• "Member" means a person who we accept as a member of WorldIrish.
• "post" and similar expressions include the uploading, publishing, linking or display of Content on or through WorldIrish and the transmission and sharing of Content with other users of WorldIrish.
• "Postings" mean any postings of Content in forums, chat areas, blogs and testimonials and other areas of WorldIrish other than on your or another Member's profile.