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Terms and Conditions of UseWelcome to The Irish Arts Review's terms and conditions of use. These terms and conditions of use apply to and govern your use of the The Irish Arts Review Web site (the "Site"). Your use of the Site signifies your agreement to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions of use, you may not access or otherwise use the Site. The Irish Arts Review's then-current privacy policy which addresses License to Use the Site The Irish Arts Review grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your personal use only, provided that you comply fully with these terms and conditions of use. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these terms and conditions of use Changes to Terms and Conditions The Irish Arts Review reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions of use, in whole or in part, at any time. Changes in these terms and conditions of use will be effective when posted. You agree to review these terms and conditions of use periodically to be aware of any changes. Your continued use of the Site after any changes to these terms and conditions of use are posted will be considered acceptance of those changes. Ownership; Restrictions The Irish Arts Review owns, controls, licenses or has the right to use and provide the Site and all material on the Site, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the "Content"). The Site is protected by copyright as a collective work and/or compilation, pursuant to Irish copyright laws, international conventions, and other copyright laws. The Irish Arts Review is the owner of the copyright in the entire Site. The Irish Arts Review owns a copyright in the selection, coordination, arrangement and enhancement of the Site. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site. You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit the Site or any portion thereof for any public or commercial use without the express written permission of The Irish Arts Review.com. You may download one (1) copy of Content from the Site for your personal use, provided that you maintain all copyright, attribution and other notices contained in such Content, including without limitation trademarks and service marks of The Irish Arts Review and its affiliates or the copyright holder identified in the individual Content's copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content. In the event of any permitted copying, redistribution or publication of material from the Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. Change to Site or Content The Irish Arts Review shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including but not limited to Content, features, or hours of availability. The Irish Arts Review may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. Monitoring, Editing and Disclosure of User Material You agree that The Irish Arts Review has the right, but not the obligation, to monitor all material on the Site at any time for any reason in its sole discretion to determine compliance with these terms and conditions of use and any other operating rules that The Irish Arts Review may establish from time to time. Notwithstanding this right of irishartsreview.com.com, The Irish Arts Review does not and cannot review all materials posted to the Site by users, and The Irish Arts Review is not responsible for any such materials posted by users. The Irish Arts Review reserves the right at all times to edit, disclose, refuse to post, request removal of or remove any material or information as may be necessary to comply with any law, regulation or government or agency request or if, in The Irish Arts Review's sole discretion, such materials are objectionable or in violation of these terms and conditions of use. Indemnification You shall indemnify, defend and hold harmless The Irish Arts Review, and all its officers, directors, owners, agents, employees, Content providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable legal fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the Site. The Irish Arts Review reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of The Irish Arts Review Links to Other Web Site The Site contains links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Site. Links to and from any site to other third party sites, maintained by third parties, do not constitute an endorsement by The Irish Arts Review or any of its subsidiaries and affiliates of any third party resources or their contents. Links do not imply that The Irish Arts Review or the Site sponsors are affiliated or associated with or are legally authorized to use any trademark, tradename, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, tradename, logo or copyright symbol of The Irish Arts Review or any of its affiliates. You should direct any concerns regarding any external link to its site administrator or webmaster. The Irish Arts Review does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. The Irish Arts Review reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. Disclaimer of Warranties and Damages; Limitation of Liability THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE IRISH ARTS REVIEW NOR ITS CONTENT PROVIDERS WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO THEY MAKE ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR RELIABILITY OF THE SITE, THE CONTENT THEREOF, THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. THE IRISH ARTS REVIEW AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO THE IRISH ARTS REVIEW'S NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE BY INDIVIDUAL USERS AND USERS MUST EXERCISE THEIR DISCRETION IN USING AND ALLOWING MINORS OR OTHERS TO USE THE SITE. UNDER NO CIRCUMSTANCES SHALL THE IRISH ARTS REVIEW, ITS SUBSIDIARIES, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS IN THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE IRISH ARTS REVIEW, ITS SUBSIDIARIES AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OF USE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, E100.00 The Irish Arts Review's Rights to Materials Provided by Users The Irish Arts Review.com welcomes your comments regarding our services, including the Site. However, any or all material and information provided by you to the Site may be included in a database owned by The Irish Arts Review and its subsidiaries and affiliates in which we have rights and interest, including but not limited to, the compilation copyright. We reserve the right to use any information or materials Members provide to us or that we obtain through your use of the Site to the fullest extent permitted by law. By posting information on the site, (data and electronic images of works of art), you grant to The Irish Arts Review a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by The Irish Arts Review of any material or idea submitted by you in any Communications or receive any compensation for such use. You waive all rights to any claim against The Irish Arts Review for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that The Irish Arts Review is under no obligations to use any material or ideas submitted by you in any Communications in any way whatsoever. No Responsibility for Transmitted Material You acknowledge that transmissions to and from this Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to The Irish Arts Review or the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and The Irish Arts Review or any The Irish Arts Review affiliate or subsidiary other than pursuant to these terms and conditions of use. The Irish Arts Review shall not be responsible for the payment of any monies to any party in connection with The Irish Arts Review's use of Communications submitted by you to the Site Ranking We are committed to provide our users the most relevant search results presented in the order of greatest relevance. We rank web sites according to established ranking criteria (which may change from time to time). We do not guarantee any ranking results for any Web page. We also reserve the right in our sole discretion to adjust the ranking of search results for any Web page and to remove listings of Web pages if we believe people are abusing our service.If you think our ranking is not appropriate, please send us you request through the application form on the contact page. We will evaluate your claims but we reserve the right to take action or not. Intellectual Property Rights The Irish Arts Review endeavors to protect intellectual property rights. Toward this end, The Irish Arts Review seeks to obtain assurances from artists, galleries, museums, dealers and individuals displaying images on or providing information to The Irish Arts Review or on the irishartsreview.com site that the materials and information provided by such persons and entities do not infringe any third party’s rights. In addition, The Irish Arts Review has the right to terminate, in appropriate circumstances, the accounts or subscriptions of any users of the The Irish Arts Review.com Site who infringe any third party proprietary rights, whether on a single instance or repeatedly. If you have any questions or concerns related to the intellectual property or proprietary rights of any image(s) or item(s) of information found on the The Irish Arts Review site please contact: Visitors conduct You understand that by using the service, you may be exposed to offensive, indecent or objectionable content. Under no circumstances will The Irish Arts Review be liable in any way for any Content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content transmitted or otherwise made available via the service. You agree to follow the following rules of conduct when using the service: 1. You will follow these Terms and all applicable laws; 2. You will not harass, threaten or abuse other people when using the service in any manner; 3. You will not interfere with others' use of the Site, including by interrupting other users' sessions, scrolling down (automatically or manually) to make it difficult for them, or otherwise act in a way that negatively affects other users' enjoyment of the service; 4. You will not post any content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; or is defamatory, libelous, or invades another person's privacy or proprietary rights; 5. You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with The Irish Arts Review; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another; 6. You will not use the service to harm minors in any way, or encourage interactions with minors of a sexual nature; 7. You will not manipulate the service so as to hide your identity or participation on the site (by using another person's identity, changing headers, or otherwise modifying any other possible identifier); 8. You will not send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including without limitation junk mail, "spam," chain letters or pyramid schemes of any sort) to any person through the use of the service; 9. You agree to not use the service to transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 10. You agree to not use the service to transmit or otherwise make available any material that contains software viruses 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. 11. You will not retrieve any data or other content from this site (systematically or otherwise) to create or compile, directly or indirectly, a collection, compilation, database, directory or any other record of the data and/or content without The Irish Arts Review's express written permission. If you use the data, content and/or materials from this site for any purpose not expressly permitted in these Terms, violate any of the other guidelines set forth above, or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the service without prior notice; 12. You agree to not use the service intentionally or unintentionally violate any applicable local, state, national or international law, any rules of any national or other securities exchange, and any regulations having the force of law. The Irish Arts Review shall have the right (but not the obligation) in its sole discretion to refuse or move any Content that is available via the service. The Irish Arts Review shall have the right to remove any Content that violates the Terms and Conditions or is otherwise objectionable. General Provisions These terms and conditions of use shall be governed by and construed in accordance with the laws of the Ireland, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate Circuit or High Court and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. These terms and conditions of use constitute the entire agreement between you and The Irish Arts Review with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either you or The Irish Arts Review 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 Privacy Statement The Irish Arts Review has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for our Web site. If you have questions about The Irish Arts Review's privacy policy or if you feel that we are not abiding to the terms of this privacy policy, you should contact Customer Support at admin@irishartsreview.com Information Collection and Use The Irish Arts Review collects information from users at several different points on its site and it is the sole owner of the information collected on this site. We do not sell, share, or rent this information to others in ways different from what is disclosed in this statement. The Irish Arts Review site contains links to other sites. The Irish Arts Review is not responsible for the privacy practices or the content of Web sites that link to or from The Irish Arts Review web site. Registration and Order Forms In order for artists to use our services, users must become a registered user (a.k.a. "Member") by first completing the Member Services registration form. This registration form requires users to supply their contact information (e.g., name and address). Cookies A cookie is a piece of data stored on the user's hard drive containing information about the user. The Irish Arts Review uses cookies in the Member Services area of our site to save users' passwords so that they don't have to re-enter it each time they visit the Member Services area of the site. Cookies on our site are in no way linked to any personally identifiable information. Some of our business partners use cookies on our site (for example, advertisers) and we have no access to or control over these cookies. Log Files We use your IP (Internet Provider) address to help diagnose problems with our server, and to administer our Web site. We use IP addresses to analyze trends and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Data Sharing We do not give out, sell or rent registered user address, credit or debit card information except where needed to deliver a product or service that a registered user has ordered or to comply with valid legal process or in special cases. We may occasionally share aggregated user demographic information with our partners and advertisers. This is not linked to any personal information that can identify an individual person. Links To Other Web Sites This Web site contains links to other sites. Please be aware that The Irish Arts Review is not responsible for the privacy practices of sites which link to or from The Irish Arts Review website. We encourage our users to read the privacy statements of every web site they visit that collects personally identifiable information. Surveys & Contests From time-to-time The Irish Arts Review will request information from users via surveys or contests. Participation in these surveys or contests is voluntary. Information requested may include contact information (such as name and shipping address), and demographic information (such as geographical location and age). This contact information will be used to notify the winners and award prizes. Survey information will be used to make improvements to our Web site. This information may also be shared with advertisers on an aggregate basis (no individual demographic information will be supplied to advertisers). Security The Irish Arts Review has security measures in place to protect the loss, misuse and alteration of the information under our control. The Irish Arts Review takes every precaution to protect our users' information. Correspondence With Users We send all registered users an email confirming their password, username and service selection each time they change their service selection or create/update their profiles. We also send site and service announcement updates that contain important information about the services on our Web site. In addition, our Customer Support Department may, as the individual situation warrants, communicate with users via telephone or email to provide them with services they have requested or to follow-up on issues relating to their account. We do not sell, rent or otherwise provide our registered users email addresses to third parties. However we occasionally send postcards to our registered users informing them of our new products, services, or special auctions. Users who do not wish to receive this correspondence should send an email specifying their request along with their username, name, and address to: admin@irishartsreview.com. Correcting/Updating Personal Information: Registered users can update their address or credit/debit card information at any time by logging into the Login area of the site (using their Username and Password) and then submitting their data. In addition, The Irish Arts Review Customer Support is available Monday-Friday (9-5pm) to assist registered users with updating their contact information. Customer Support can be reached via telephone: 01 679 3525 or email: admin@irishartsreview.com. Note To Parents At The Irish Arts Review we are aware that many children may want to visit us on the internet. Although we welcome browsing, we encourage children to receive permission from their parents before submitting any personal information over the internet. The Irish Arts Review believes parents should be responsible for supervising the online activities of their children and taking into account various tools that allow them to provide their children with a controlled, child-friendly internet. These tools are designed to preclude children from releasing personal information online without the permission of their parents. Notification of Changes to This Privacy Policy Our privacy policy is posted in the "About Us" section of our site. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will update our privacy policy and notify our registered users via email. Contacting Us If you have any questions about The Irish Arts Review's privacy statement or the practices of this site, please contact Customer Support at admin@irishartsreview.com. The Irish Arts Review State Apartments Dublin Castle Dublin 2 Tel 01 679 3525 |
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