Terms Of Service
The irishracing.com website ("the Site") and services are offered to you upon condition of your acceptance without modification of the terms and conditions ("the TOS") below. By viewing and using the Site you are deemed to consent to and accept the TOS. Please therefore read this agreement carefully as it sets out your rights and obligations with respect to the use of the Site and its services. By using any of the services offered by irishracing.com, you ("the User") are deemed to warrant that you are 18 years or over.
Use of particular services offered by irishracing.com may be subject to additional terms and conditions, which are outlined at the end of the TOS.
You may be required to register separately for some of the services, even if you have already registered for other services.
If you are using the services in the course of your business, trade or profession ("the Commercial User") you are subject to the additional terms and conditions provided in Clause 26.
2. Acknowledgement and Acceptance of Terms of Service:
Irishracing.com provides free access to parts of its site, and also provides services, including without limitation, an Email service (“the Services”). The Services are provided to the User under the terms and conditions of the TOS and any operating rules or policies that may be published from time to time by irishracing.com. The TOS comprise the entire agreement between the User and irishracing.com and supercede all prior agreements between the parties. You may also be subject to additional terms and conditions by agreement with irishracing.com or when you use affiliate or third party services.
3. Access to the Services:
The User must:
(a) provide all equipment, including a computer and modem, necessary to establish a connection to the Web;
(b) provide for the User's own access to the Web and pay any telephone or other connection and service fees associated with such access;
(c) pay the Services fees where applicable as determined by irishracing.com from time to time.
4. Modifications of Terms of Service: :
irishracing.com reserves the right to modify the terms and conditions of the TOS at any time and at its sole discretion and without notice to you. It is the responsibility of the User to regularly review the TOS for modifications. By continuing to use the Services, the User agrees to be bound by the amended TOS.
5. Personal Information:
Some Services may require the User to supply certain personal information. In consideration for the use of the Services, the User agrees to:
(a) provide true, current, complete, and accurate information about the User as prompted to do so by the Services, and
(b) maintain and promptly update this information as required to keep it true, current, complete and accurate.
If the User provides any information that is untrue, not current, incomplete or inaccurate, or irishracing.com has reasonable grounds to suspect that such information is untrue, not current, incomplete or inaccurate, irishracing.com has the right to suspend or terminate your use of the Services.
All information requested on original sign up shall hereafter be referred to as "Registration Information". This Registration Information will be retained by irishracing.com, and any of its co-branding partners if applicable, for no longer than is necessary to provide the Services to the User.
Unless the User has agreed to the use of the Registration Information for direct marketing purposes by irishracing.com, its co-branding partners or selected third parties, irishracing.com agrees to use the Registration Information only for the purpose of supplying the Services to the User. Users who have agreed to the use of the Registration Information for direct marketing purposes may "opt-out" in writing at any time. irishracing.com does not make any representation or warranty with respect to the content of any direct marketing messages or any goods or services which may be obtained from such third parties, and the User agrees that irishracing.com shall not have any liability with respect thereof.
irishracing.com reserves the right to disclose the Registration Information if required to do so by law or if it believes in good faith that any such disclosure is reasonably necessary for the administration of justice; to enforce the TOS; to respond to any complaint received regarding the rights of third parties; or to protect the rights, property, or personal safety of irishracing.com, its users and the public.
6. User Account, Password and Security:
The User is entirely responsible for maintaining the confidentiality of the User's passwords and accounts, and for any and all activities which occur under the User's accounts or passwords. The User agrees to immediately notify irishracing.com of any unauthorised use of the User's accounts, passwords, or any other breaches of security known to the User. irishracing.com will not be liable for any loss that the User may incur as a result of someone else using or accessing the User's passwords or accounts, either with or without the User's knowledge. However the User may be held liable for losses incurred by irishracing.com or any other party as a result of someone else using or accessing the User's passwords or accounts. The User will not use anyone else's accounts at any time without the permission of the account holder. The User may change his/her passwords or profile by following instructions on the Site.
8. Information Required by Law:
irishracing.com is required by law to provide the User with the following information:
(a) irishracing.com is a website address of Vincent Finegan, 9 The Elms, Cutbush, The Curragh, Co. Kildare, R56 EK25
All notices issued by or on behalf of irishracing.com shall be in writing and shall be made either via online announcements, email, or conventional mail. irishracing.com may broadcast notices or messages through the Services and such broadcasts shall constitute notice to the User.
10. Proprietary Rights to Content:
(a) Content other than User Content
The User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material (the "Content") contained in either sponsor advertisements, or Internet-distributed, commercially produced information presented to the User by the Site or Services, by irishracing.com, irishracing.com's advertisers, or other irishracing.com Users may be protected by copyrights, trademarks, patents or other proprietary rights and laws. The User is only granted a limited personal licence for the User's own personal, non-commercial use for the Site and Services unless expressly otherwise authorised by irishracing.com and in particular is only granted a limited personal licence to refer to, bookmark or point to any page within the Site, or to download the Content to a single personal computer or to make a printout in respect of a single copy of the Content for personal reference. All copyright and other proprietary notices in the materials must be left intact. The User may not copy, reproduce, distribute, or create derivative works from the Content without expressly being authorized to do so by the relevant copyright owner.
(b) If the User submits content (which submitted content shall be referred to as “User Content”) to us, the User agrees and represents that the User has created the User Content, or has received permission from, or are duly authorised by, the owner of any part of the User Content to submit it to the Site.
In the event that the User submits User Content to the Site, either the User or the owner of the User Content as the case may be will still own the copyright in the User Content submitted to us. However, by submitting User Content to us, the User is granting us an unconditional, irrevocable, non-exclusive, royalty-free, perpetual worldwide, fully transferable licence to use, publish or transmit, or to authorise third parties to use, publish or transmit, the User Content in any format and on any platform, either now known or hereinafter invented.
11. User Conduct and User Content:
(a) The User agrees to not use the Services to:
- upload, post or otherwise transmit any Material that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, an irishracing.com official, forum leader, guide or host, or falsely state or otherwise misrepresent an affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Material transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
- upload, post or otherwise transmit any Material that the User does not have a right to transmit under any law or contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- upload, post or otherwise transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
- upload, post or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Services that are designated for such purpose;
- upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- intentionally or unintentionally violate any applicable local, state, national or international laws or regulations;
- "stalk" or otherwise harass another;
- collect or store personal data about other users;
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
- attempt to gain unauthorised access to any irishracing.com site or service, other User accounts, computer systems or networks connected to any irishracing.com site or service, through hacking, password mining or any other means;
- create a false identity for the purpose of misleading others.
(b) The User may be permitted to submit User Content for publication in various areas of the Site. Interaction with our Site, and submission of any User Content, are governed by the Community Standards, accessible at [link]. The Community Standards are deemed to be incorporated into these Terms and Conditions and the User is deemed to consent to the Community Standards, and these Terms and Conditions, if the User chooses to submit any User Content or comments to the Site.
The User understands that all Content submitted by any other user is the sole responsibility of the user from which the Content originated. irishracing.com has no liability in respect of any User or content submitted by other users, Content and published by us or by authorised third parties.
The User accepts and agrees that if the User posts User Content on the site or views Content posted by other users, the User is doing so at his or her own discretion and risk, and that irishracing.com has no responsibility for the accuracy, integrity or quality of any such User Content or Content submitted by other users. The User further accepts and agrees that the views expressed by the User in any User Content submitted by the User, or any other Content submitted by other Users, do not necessarily reflect the views of irishracing.com . The User accepts and agrees that irishracing.com has no obligation to pre-moderate, review or monitor any Content posted by the User or any other users on the Site.
irishracing.com reserves the right to refuse to publish, to edit or to remove any User Content at our sole discretion. We may remove any User Content at any time.
The User agrees to indemnify, defend (at irishracing.com's request), and hold irishracing.com, its parent, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable legal expenses, made or brought by any third party due to or arising out of:
- the User's use of the Services or any part thereof,
- the violation of these TOS or any provision therein by the User,
- the publication of any User Content,
- the viewing of any User Content by any third party,
- or the infringement or misappropriation by the User, or a third party using the User's computer, of any account or password to access and/or use the Services,
- of any intellectual property rights of any person or entity, and
- the use or misuse by the User or third parties of the User's passwords or accounts.
irishracing.com has no obligation to monitor the Services but reserves the right to do so and to remove any Content or Material at its sole discretion at any time without notice.
14. Complaints Procedure:
If you wish to complain about any comment or posting appearing on the irishracing.com User Comment Community, then please click here for details of how to complain.
For any other complaint, such as a complaint of any abuse of the Services, including but not limited to the violation of these TOS or any provision therein, or the infringement or misappropriation by any User, or a third party using a User's computer, of any account or password to access and/or use the Services, or of any intellectual property rights of any person or entity, or the use or misuse by any User or third parties of a User's passwords or accounts, should be reported immediately to irishracing.com at email@example.com.
15. Modifications and Discontinuance of the Services:
irishracing.com reserves the right at its sole discretion to modify or discontinue the Site or Services, or any portion thereof, at any time, with or without notice to the User. irishracing.com shall not be liable to the User or any third party should irishracing.com exercise its right to modify or discontinue the Site or Services. No refunds will be granted to any Users who have paid Services fees in this instance.
16. Term and Termination:
- irishracing.com reserves the right to terminate all or part of the Services at any time without notice, and without issuing any refunds if the User is in breach of the TOS. irishracing.com shall not be liable to the User or any third party for any loss or damage howsoever arising from the termination of the Services or any part thereof.
- In respect of the Paid Subscription Services only, irishracing.com reserves the right to terminate User accounts following the expiry of the subscription period and to delete all information and files on these accounts if the User does not renew the subscription. The User can renew the subscription within 14 days only, following the expiry of the subscription period. After this 14 day period the User who has not renewed his / her subscription will not be able to access his / her account and all data and information relating to the account will be deleted. The Username will subsequently be made available for purchase by a different User. If the User seeks to renew an expired subscription and account, irishracing.com, at its sole discretion, may allocate a new account to the User.
- In respect of other services, for which registration is required, irishracing.com reserves the right at its sole discretion to terminate User accounts and to delete all information and files on these accounts. In the event that a user account remains inactive for 15 months, access to it will be locked by irishracing.com. If the user account remains inactive for a total period of 3 years, it shall be terminated and all information relating to the user account deleted
17. Third Parties:
irishracing.com may serve advertisements to the Site or work with a third party to serve the advertisements. Advertisements placed on the Site may include but are not limited to banner ads, paid links, pop-up windows, buttons, and sponsorships. The User agrees that irishracing.com has the right to run such advertisements and promotions.irishracing.com does not control the content of any services supplied by third parties and the inclusion of content does not imply endorsement of the third party by irishracing.com or any association with that third party. User correspondence or business dealing with, or participation in promotions of, advertisers or third parties found on or through the Site or Services, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between the User and such advertiser or third party. The User agrees that irishracing.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Site or Services.
(b) Email Marketing
irishracing.com and/or third parties may, from time to time, send email messages to the User containing advertisements, special promotions, and other marketing subject to the User's permission. The User must decide to "opt-in" to our email messages during the registration process or through a link on the irishracing.com site if they wish to receive any email services, newsletters, special promotions or other marketing materials ("Opt-in Email Programmes"). irishracing.com reserves the right to partner with any email marketers to provide these Opt-in Email Programmes. User correspondence or business dealing with advertisers or third parties found on or through the Opt-in Email Programmes, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between the User and such advertiser or third party. The User agrees that irishracing.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
The Site or Services may contain images of and links to third party websites ("Linked Sites"). Linked Sites are not under the control of irishracing.com and the User agrees that irishracing.com is not responsible for the content of any Linked Sites. The inclusion of a link does not imply endorsement of the Linked Sites by irishracing.com or any association with its owners or operators. User correspondence or business dealing with advertisers or third parties found on or through Linked Sites, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between the User and such advertiser or third party. The User agrees that irishracing.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Site or Services.
18. Disclaimer of Warranties:
- irishracing.com provides the Site and Services on an "as is" and "as available" basis, and the User uses the Site and Services at his/her sole risk.
- irishracing.com shall not be responsible for the effect or result of the introduction or entry of any virus into the Site and /or one or any of the Services.
- irishracing.com makes no warranty that the Site or Services will meet the User's requirements; nor that the Site or Services will be uninterrupted, timely, secure, or error free; nor does irishtimes.com make any warranty as to the results that may be obtained from the use of the Site or Services; nor as to the accuracy or reliability of any information obtained through the Site or Services; nor that defects in the Site or Services will be corrected.
- irishracing.com expressly disclaims all warranties of any kind insofar as is permissible by law, whether express, implied or statutory, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
- The User understands and agrees that any Content and/or Material downloaded or otherwise obtained through the use of the Site or Services is done at the User's own discretion and risk. irishracing.com is not responsible for any damage to the User's computer system or loss of data that results from the download of such Content and/or Material.
- irishracing.com makes no warranty regarding any goods or services purchased or obtained through the Site or Services or any transactions entered into through the Site or Services.
- If the User uses the Email service for business purposes, irishracing.com accepts no responsibility for deletion, corruption or failure to store messages or content maintained or transmitted by the service. irishracing.com accepts no responsibility for any interruption of business as a direct or indirect result of the Site or Services.
- irishracing.com accepts no responsibility for deletion, corruption or failure to store messages or content maintained or transmitted by the service.
- No advice or information, whether oral or written, obtained by the User from irishracing.com shall create any warranty not expressly made herein.
19. Limitation of Liability:
irishracing.com shall not be liable for any loss of use, interruption of business, or any direct or indirect, special, incidental, or consequential damages of any kind (including but not limited to lost profits) regardless of the form of action, whether in contract, tort (including negligence), strict product liability, or otherwise, even if irishtimes.com has been advised of the possibility of such damages, howsoever arising, out of use of the Site or Services.
The TOS shall for all purposes be governed by and interpreted in accordance with the laws of Ireland. The User and irishracing.com agree to submit to the exclusive jurisdiction of the courts of Ireland. The place of performance of this Agreement shall be Ireland.
No right may be assigned, and no duty may be delegated, by the User under this Agreement except upon the written consent of irishracing.com and any attempted assignment and delegation without such consent shall be void and without effect. irishracing.com shall be entitled to assign this agreement. This TOS shall be binding upon and shall endure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.
22. No Agency:
Neither party is, nor will it be deemed to be, an agent or legal representative of the other party for any purpose. Neither party will be entitled to enter into any contracts in the name of or on behalf of the other party, and neither party will be entitled to pledge the credit of the other party in any way or hold itself out as having authority to do so.
If any of the provisions of this agreement is found by an arbitrator, court or other competent authority to be void or unenforceable, it shall be deemed to be deleted from this agreement and the remaining provisions shall continue to apply. The parties shall negotiate in good faith in order to agree the terms of a mutually satisfactory provision to be substituted for the provision found to be void or unenforceable.
Any waiver (express or implied) by either party of any breach of this TOS shall not constitute a waiver of any other or subsequent breach. No provision of the TOS will be waived by any act, omission or knowledge of a party or its agents or employees except by an instrument in writing expressly waiving such provision and signed by a duly authorised officer of the waiving party. In particular but without prejudice irishracing.com's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by irishtimes.com in writing.
The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.
26. Additional Terms and Conditions for the Commercial User:
The Commercial User agrees to pay the Commercial User Services fees where applicable as determined by irishracing.com from time to time.
The Commercial User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Content without expressly being authorised to do so by the relevant copyright owner.
The Commercial User also agrees not to use an ireland.com email address in any way that may imply or otherwise suggest endorsement by or partnership with irishracing.com or any associated brands or companies and further agrees not to use an ireland.com email address for the purposes of any business trade or profession which may or in any other way which may bring irishracing.com or any associated brands or companies into disrepute. irishracing.com accepts no responsibility for any interruption or loss of business arising as a direct or indirect result of the Site or Services.
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