Website SERVICE AGREEMENT/TERMS OF USE
1.
ACCEPTANCE OF TERMS
The services that ROOFTOP MEDIA LIMITED provides to User is subject to the
following Terms of Use ("TOU").
ROOFTOP MEDIA LIMITED reserves the right to update the TOU at any time without
notice to User. The most current version of the TOU can be reviewed by
clicking on the "Terms of Use" hypertext link located at the bottom
of our Web pages.
A.
This Agreement, which incorporates by
reference other provisions applicable to use of MYPLACE.IE, including, but not
limited to, supplemental terms and conditions set forth hereof
("Supplemental Terms") governing the use of certain specific material
contained in MYPLACE.IE, sets forth the terms and conditions that apply to use
of MYPLACE.IE by User. By using ROOFTOP MEDIA LIMITED (other than to read this
Agreement for the first time), User agrees to comply with all of the terms and
conditions hereof. The right to use MYPLACE.IE is personal to User and is not
transferable to any other person or entity. User is responsible for all use of
User's Account (under any screen name or password) and for ensuring that all
use of User's Account complies fully with the provisions of this Agreement.
User shall be responsible for protecting the confidentiality of User's
password(s), if any.
B.
ROOFTOP MEDIA LIMITED shall have the right at
any time to change or discontinue any aspect or feature of MYPLACE.IE,
including, but not limited to, content, hours of availability, and equipment
needed for access or use.
2. Changed Terms
ROOFTOP MEDIA LIMITED shall have the right at any time to change or modify the
terms and conditions applicable to User's use of MYPLACE.IE, or any part
thereof, or to impose new conditions, including, but not limited to, adding
fees and charges for use. Such changes, modifications, additions or deletions
shall be effective immediately upon notice thereof, which may be given by means
including, but not limited to, posting on MYPLACE.IE, or by electronic or
conventional mail, or by any other means by which User obtains notice thereof.
Any use of MYPLACE.IE by User after such notice shall be deemed to constitute
acceptance by User of such changes, modifications or additions.
3.
DESCRIPTION OF SERVICES
Through
its Web property, ROOFTOP MEDIA LIMITED provides User with access to a variety
of resources, including download areas, communication forums and product
information (collectively "Services"). The Services, including any
updates, enhancements, new features, and/or the addition of any new Web
properties, are subject to the TOU.
4. Equipment
User shall
be responsible for obtaining and maintaining all telephone, computer hardware,
software and other equipment needed for access to and use of MYPLACE.IE and all
charges related thereto.
5.
User Conduct
A.
User shall use MYPLACE.IE for lawful purposes
only. User shall not post or transmit through MYPLACE.IE 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, give rise to civil liability or
otherwise violate any law, or which, without ROOFTOP MEDIA LIMITED 's express
prior approval, contains advertising or any solicitation with respect to
products or services. Any conduct by a User that in ROOFTOP MEDIA LIMITED 's
discretion restricts or inhibits any other User from using or enjoying MYPLACE.IE
will not be permitted. User shall not use MYPLACE.IE to advertise or perform
any commercial solicitation, including, but not limited to, the solicitation of
users to become subscribers of other on-line information services competitive
with ROOFTOP MEDIA LIMITED .
B.
MYPLACE.IE contains copyrighted material,
trademarks and other proprietary information, including, but not limited to,
text, software, photos, video, graphics, music and sound, and the entire
contents of MYPLACE.IE are copyrighted as a collective work under the Irish
copyright laws. ROOFTOP MEDIA LIMITED owns a copyright in the selection,
coordination, arrangement and enhancement of such content, as well as in the
content original to it. User may not modify, publish, transmit, participate in
the transfer or sale, create derivative works, or in any way exploit, any of
the content, in whole or in part. User may download copyrighted material for
User's personal 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
permission of ROOFTOP MEDIA LIMITED 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. User
acknowledges that it does not acquire any ownership rights by downloading
copyrighted material.
C.
User shall not upload, post or otherwise make
available on MYPLACE.IE 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 User. User 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 MYPLACE.IE, User automatically grants,
or warrants that the owner of such material has expressly granted ROOFTOP MEDIA
LIMITED the royalty-free, perpetual, irrevocable, non-exclusive right and
license to use, reproduce, modify, adapt, publish, translate and distribute
such material (in whole or in part) worldwide and/or to incorporate it in other
works in any form, media or technology now known or hereafter developed for the
full term of any copyright that may exist in such material. User also permits
any other User to access, view, store or reproduce the material for that User's
personal use. User hereby grants ROOFTOP MEDIA LIMITED the right to edit, copy,
publish and distribute any material made available on MYPLACE.IE by User.
D.
The foregoing provisions of Section 5 are for
the benefit of ROOFTOP MEDIA LIMITED, 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.
6.
USE OF SERVICES
The
Services may contain email services, bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, photo albums, file
cabinets and/or other message or communication facilities designed to enable
User to communicate with others (each a "Communication Service" and
collectively "Communication Services"). User agrees to use the Communication
Services only to post, send and receive messages and material that are proper
and, when applicable, related to the particular Communication Service. By way
of example, and not as a limitation, User agrees that when using the
Communication Services, User will not:
q Use
the Communication Services in connection with surveys, contests, pyramid
schemes, chain letters, junk email, spamming or any duplicative or unsolicited
messages (commercial or otherwise).
q Defame,
abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others.
q Publish,
post, upload, distribute or disseminate any inappropriate, profane, defamatory,
obscene, indecent or unlawful topic, name, material or information.
q Upload,
or otherwise make available, files that contain images, photographs, software
or other material protected by intellectual property laws, including, by way of
example, and not as limitation, copyright or trademark laws (or by rights of
privacy or publicity) unless User own or control the rights thereto or have
received all necessary consent to do the same.
q Use
any material or information, including images or photographs, which are made
available through the Services in any manner that infringes any copyright,
trademark, patent, trade secret, or other proprietary right of any party.
q Upload
files that contain viruses, Trojan horses, worms, time bombs, cancelbots,
corrupted files, or any other similar software or programs that may damage the
operation of another's computer or property of another.
q Advertise
or offer to sell or buy any goods or services for any business purpose, unless
such Communication Services specifically allows such messages.
q Download
any file posted by another user of a Communication Service that User know, or
reasonably should know, cannot be legally reproduced, displayed, performed,
and/or distributed in such manner.
q Falsify
or delete any copyright management information, such as author attributions,
legal or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that is
uploaded.
q Restrict
or inhibit any other user from using and enjoying the Communication Services.
q Violate
any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
q Harvest
or otherwise collect information about others, including email addresses.
q Violate
any applicable laws or regulations.
q Create
a false identity for the purpose of misleading others.
q Use,
download or otherwise copy, or provide (whether or not for a fee) to a person
or entity any directory of users of the Services or other user or usage
information or any portion thereof.
q Allow content of violence or adult nature to be made available on any websites you are working on, directly or via SMS.
ROOFTOP
MEDIA LIMITED has no obligation to monitor the Communication Services. However,
ROOFTOP MEDIA LIMITED reserves the right to review materials posted to the
Communication Services and to remove any materials in its sole discretion. ROOFTOP
MEDIA LIMITED reserves the right to terminate User’s access to any or all of
the Communication Services at any time, without notice, for any reason
whatsoever. ROOFTOP MEDIA LIMITED reserves the right at all times to disclose
any information as it deems necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse to post
or to remove any information or materials, in whole or in part, in ROOFTOP
MEDIA LIMITED's sole discretion.
Materials
uploaded to the Communication Services may be subject to posted limitations on
usage, reproduction and/or dissemination; User is responsible for adhering to
such limitations if User downloads the materials.
Always
use caution when giving out any personally identifiable information in any
Communication Services. ROOFTOP MEDIA LIMITED does not control or endorse the
content, messages or information found in any Communication Services and,
therefore, ROOFTOP MEDIA LIMITED specifically disclaims any liability with
regard to the Communication Services and any actions resulting from User’s
participation in any Communication Services. Managers and hosts are not
authorized ROOFTOP MEDIA LIMITED spokespersons, and their views do not
necessarily reflect those of ROOFTOP MEDIA LIMITED.
7.
MEMBER ACCOUNT, PASSWORD, AND
SECURITY
If any of
the Services requires User to open an account, User must complete the
registration process by providing ROOFTOP MEDIA LIMITED with current, complete
and accurate information as prompted by the applicable registration form. User
also will choose a password and a user name. User is entirely responsible for
maintaining the confidentiality of User’s password and account. Furthermore,
User is entirely responsible for any and all activities that occur under User’s
account. User agrees to notify ROOFTOP MEDIA LIMITED immediately of any
unauthorized use of User’s account or any other breach of security. ROOFTOP
MEDIA LIMITED will not be liable for any loss that User may incur as a result
of someone else using User’s password or account, either with or without User’s
knowledge. However, User could be held liable for losses incurred by ROOFTOP
MEDIA LIMITED or another party due to someone else using User’s account or
password. User may not use anyone else's account at any time, without the
permission of the account holder.
8.
NOTICE SPECIFIC TO SOFTWARE
AVAILABLE ON THIS WEBSITE
Any
software that is made available to download from the Services
("Software") is the copyrighted work of ROOFTOP MEDIA LIMITED and/or
its suppliers. Use of the Software is governed by the terms of the end user
license agreement, if any, which accompanies or is included with the Software
("License Agreement"). An end user will be unable to install any
Software that is accompanied by or includes a License Agreement, unless he or
she first agrees to the License Agreement terms.
The
Software is made available for download solely for use by end users according
to the License Agreement. Any reproduction or redistribution of the Software
not in accordance with the License Agreement is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible.
WITHOUT
LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED
BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED,
IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS
WARRANTED IN THE LICENSE AGREEMENT, ROOFTOP MEDIA LIMITED HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR
CONVENIENCE, ROOFTOP MEDIA LIMITED MAY MAKE AVAILABLE AS PART OF THE SERVICES
OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. ROOFTOP
MEDIA LIMITED DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE
RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES.
PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS
AND UTILITIES MADE AVAILABLE ON THE SERVICES.
9.
NOTICE SPECIFIC TO DOCUMENTS
AVAILABLE ON THIS WEBSITE
Permission
to use Documents (such as white papers, press releases, datasheets and FAQs)
from the Services is granted, provided that (1) the below copyright notice
appears in all copies and that both the copyright notice and this permission
notice appear, (2) use of such Documents from the Services is for informational
and non-commercial or personal use only and will not be copied or posted on any
network computer or broadcast in any media, and (3) no modifications of any
Documents are made. Accredited educational institutions, such as universities,
private/public colleges, and state community colleges, may download and
reproduce the Documents for distribution in the classroom. Distribution outside
the classroom requires express written permission. Use for any other purpose is
expressly prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent possible.
ROOFTOP
MEDIA LIMITED AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED
AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ROOFTOP
MEDIA LIMITED AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL ROOFTOP
MEDIA LIMITED AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS
OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
INFORMATION AVAILABLE FROM THE SERVICES.
THE
DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN. ROOFTOP MEDIA LIMITED AND/OR ITS RESPECTIVE
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE
PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
10.
NOTICES REGARDING SOFTWARE,
DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN NO
EVENT SHALL ROOFTOP MEDIA LIMITED AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR
ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE
USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
11.
MATERIALS PROVIDED TO ROOFTOP
MEDIA LIMITED OR POSTED AT ANY OF ITS WEBSITES
ROOFTOP
MEDIA LIMITED does not claim ownership of the materials User provide to ROOFTOP
MEDIA LIMITED (including feedback and suggestions) or post, upload, input or
submit to any Services or its associated services for review by the general
public, or by the members of any public or private community, (each a
"Submission" and collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting ("Posting")
User’s Submission User is granting ROOFTOP MEDIA LIMITED, its affiliated
companies and necessary sublicensees permission to use User’s Submission in
connection with the operation of their Internet businesses (including, without
limitation, all ROOFTOP MEDIA LIMITED Services), including, without limitation,
the license rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat User’s Submission; to publish
User’s name in connection with User’s Submission; and the right to sublicense
such rights to any supplier of the Services.
No
compensation will be paid with respect to the use of User’s Submission, as
provided herein. ROOFTOP MEDIA LIMITED is under no obligation to post or use
any Submission User may provide and ROOFTOP MEDIA LIMITED may remove any
Submission at any time in its sole discretion. By Posting a Submission User
warrants and represents to own or otherwise control all of the rights to User’s
Submission as described in these Terms of Use including, without limitation,
all the rights necessary for User to provide, post, upload, input or submit the
Submissions.
In
addition to the warranty and representation set forth above, by Posting a
Submission that contain images, photographs, pictures or that are otherwise
graphical in whole or in part ("Images"), User warrant and represent
that (a) User is the copyright owner of such Images, or that the copyright
owner of such Images has granted User permission to use such Images or any
content and/or images contained in such Images consistent with the manner and
purpose of User’s use and as otherwise permitted by these Terms of Use and the
Services, (b) User have the rights necessary to grant the licenses and
sublicenses described in these Terms of Use, and (c) that each person depicted
in such Images, if any, has provided consent to the use of the Images as set
forth in these Terms of Use, including, by way of example, and not as a
limitation, the distribution, public display and reproduction of such Images.
By Posting Images, User is granting (a) to all members of User’s private
community (for each such Images available to members of such private
community), and/or (b) to the general public (for each such Images available
anywhere on the Services, other than a private community), permission to use
User’s Images in connection with the use, as permitted by these Terms of Use,
of any of the Services, (including, by way of example, and not as a limitation,
making prints and gift items which include such Images), and including, without
limitation, a non-exclusive, world-wide, royalty-free license to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat User’s Images without having User’s name attached to
such Images, and the right to sublicense such rights to any supplier of the
Services. The licenses granted in the preceding sentences for a Images will
terminate at the time User completely remove such Images from the Services,
provided that, such termination shall not affect any licenses granted in
connection with such Images prior to the time User completely remove such
Images. No compensation will be paid with respect to the use of User’s Images.
12. Disclaimer of Warranty; Limitation of Liability
A.
USER EXPRESSLY AGREES THAT USE OF MYPLACE.IE
IS AT USER'S SOLE RISK. NEITHER ROOFTOP MEDIA LIMITED, ITS AFFILIATES NOR ANY
OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR
LICENSORS WARRANT THAT MYPLACE.IE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO
THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF MYPLACE.IE,
OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR
MERCHANDISE PROVIDED THROUGH MYPLACE.IE.
B.
MYPLACE.IE 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 THE LAWS APPLICABLE TO THIS AGREEMENT.
C.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY
DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
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 RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY
ACKNOWLEDGES THAT ROOFTOP MEDIA LIMITED 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 USER.
D.
IN NO EVENT WILL ROOFTOP MEDIA LIMITED, OR
ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING MYPLACE.IE
OR THE ROOFTOP MEDIA LIMITED SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE MYPLACE.IE. USER
HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL
CONTENT ON THE SITE.
E.
IN ADDITION TO THE TERMS SET FORTH ABOVE
NEITHER, ROOFTOP MEDIA LIMITED, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR
CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY
ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR
UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN MYPLACE.IE, OR FOR ANY
DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS
OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING
PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE,
INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F.
PRIOR TO THE EXECUTION OF A STOCK TRADE,
USERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE
TO VERIFY PRICING OR OTHER INFORMATION. ROOFTOP MEDIA LIMITED, ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR
INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, ROOFTOP
MEDIA LIMITED, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS
WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS
INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED
FROM THE USE OF THE INFORMATION.
G.
FORCE MAJEURE – NEITHER PARTY WILL BE
RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND
ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT,
EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS,
SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR
TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF
THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND
TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE
OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE
PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH
EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER
THIS AGREEMENT.
13.
LINKS TO THIRD PARTY SITES
THE LINKS
IN THIS AREA WILL LET YOU LEAVE ROOFTOP MEDIA LIMITED'S SITE. THE LINKED SITES
ARE NOT UNDER THE CONTROL OF ROOFTOP MEDIA LIMITED AND ROOFTOP MEDIA LIMITED IS
NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A
LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. ROOFTOP MEDIA LIMITED IS
NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM
ANY LINKED SITE. ROOFTOP MEDIA LIMITED IS PROVIDING THESE LINKS TO YOU ONLY AS
A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY ROOFTOP
MEDIA LIMITED OF THE SITE.
ROOFTOP
MEDIA LIMITED is a distributor (and not
a publisher) of content supplied by third parties and Users. Accordingly, ROOFTOP
MEDIA LIMITED 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,
Users or any other user of MYPLACE.IE, are those of the respective author(s) or
distributor(s) and not of ROOFTOP MEDIA LIMITED. Neither ROOFTOP MEDIA LIMITED
nor any third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content, nor its merchantability or fitness
for any particular purpose.
In many
instances, the content available through MYPLACE.IE represents the opinions and
judgments of the respective information provider, User, or other user not under
contract with ROOFTOP MEDIA LIMITED. ROOFTOP MEDIA LIMITED neither endorses nor
is responsible for the accuracy or reliability of any opinion, advice or
statement made on MYPLACE.IE by anyone other than authorized ROOFTOP MEDIA
LIMITED employee spokespersons while
acting in their official capacities. Under no circumstances will ROOFTOP MEDIA
LIMITED be liable for any loss or damage caused by a User's reliance on
information obtained through MYPLACE.IE. It is the responsibility of User to
evaluate the accuracy, completeness or usefulness of any information, opinion,
advice or other content available through ROOFTOP MEDIA LIMITED. Please seek
the advice of professionals, as appropriate, regarding the evaluation of any
specific information, opinion, advice or other content.
14.
UNSOLICITED IDEA SUBMISSION
POLICY
ROOFTOP
MEDIA LIMITED OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED
IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW
PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT
NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR
OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL
MISUNDERSTANDINGS OR DISPUTES WHEN ROOFTOP MEDIA LIMITED'S PRODUCTS OR
MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO ROOFTOP MEDIA
LIMITED. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO ROOFTOP MEDIA LIMITED
OR ANYONE AT ROOFTOP MEDIA LIMITED. IF, DESPITE OUR REQUEST THAT YOU NOT SEND
US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT ROOFTOP
MEDIA LIMITED MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED
AS CONFIDENTIAL OR PROPRIETARY.
15.
Monitoring
ROOFTOP
MEDIA LIMITED shall have the right, but not the obligation, to monitor the
content of MYPLACE.IE, including chat rooms and forums, to determine compliance
with this Agreement and any operating rules established by ROOFTOP MEDIA
LIMITED and to satisfy any law, regulation or authorized government request. ROOFTOP
MEDIA LIMITED shall have the right in its sole discretion to edit, refuse to
post or remove any material submitted to or posted on MYPLACE.IE. Without
limiting the foregoing, ROOFTOP MEDIA LIMITED shall have the right to remove
any material that ROOFTOP MEDIA LIMITED, in its sole discretion, finds to be in
violation of the provisions hereof or otherwise objectionable.
16. Indemnification
User
agrees to defend, indemnify and hold harmless ROOFTOP MEDIA LIMITED, its
affiliates and their respective directors, officers, employees and agents from
and against all claims and expenses, including attorneys' fees, arising out of
the use of ROOFTOP MEDIA LIMITED by User or User's Account.
17. Termination
Either ROOFTOP
MEDIA LIMITED or User may terminate this Agreement at any time. Without
limiting the foregoing, ROOFTOP MEDIA LIMITED shall have the right to
immediately terminate User's Account in the event of any conduct by User which ROOFTOP
MEDIA LIMITED, in its sole discretion, considers to be unacceptable, or in the
event of any breach by User of this Agreement.
18. Miscellaneous
This Agreement and any operating rules for MYPLACE.IE established by ROOFTOP
MEDIA LIMITED constitute the entire
agreement of the parties with respect to the subject matter hereof, and
supersede all previous written or oral agreements between the parties with
respect to such subject matter. This Agreement shall be construed in accordance
with the laws of Ireland, without regard to its conflict
of laws rules. No waiver by either party 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.
19.
COPYRIGHT NOTICE
ROOFTOP
MEDIA LIMITED its logos are trademarks
of ROOFTOP MEDIA LIMITED Ltd. All rights
reserved. All other trademarks appearing on ROOFTOP MEDIA LIMITED are the property of their respective owners.
20.
TRADEMARKS
The names
of actual companies and products mentioned herein may be the trademarks of
their respective owners. The example companies, organizations, products, domain
names, email addresses, logos, people and events depicted herein are
fictitious. No association with any real company, organization, product, domain
name, email address, logo, person, or event is intended or should be inferred.
21.
SMS Updates
You can update some parts of your site by text.
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The Service Provider is Oxygen8. Any queries can be addressed to Rooftop Media’s Customer Care line of 066 7118599.
Oxygen8’s customer care line is 0818286606.
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rights not expressly granted herein are reserved.