Terms & Conditions of Website

6 November 2008

Access to and use of ‘setanta.com' both within the UK and internationally is provided by Setanta on the following terms:

 

1. By using setanta.com you agree to be bound by these terms, which shall take effect immediately on your first use of setanta.com. If you do not agree to be bound by all of the following terms please do not access, use and/or contribute to setanta.com.


2. Setanta may change these terms from time to time and so you should check these terms regularly. Your continued use of setanta.com will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using this website. If there is any conflict between these terms and specific local terms appearing elsewhere on setanta.com then the latter shall prevail.
Use of setanta.com


3. You agree to use setanta.com only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of setanta.com. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within setanta.com.


Intellectual Property
4. All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on setanta.com and all content (including all applications) located on the site shall remain vested in Setanta or its licensors (which includes other users). You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use setanta.com content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any setanta.com content except for your own personal, non-commercial use. Any other use of setanta.com content requires the prior written permission of Setanta.


5. The names, images and logos identifying the Setanta or third parties and their products and services are subject to copyright, design rights and trade marks of the Setanta and/or third parties. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of Setanta or any other third party.


Contributions to Setanta
6. By sharing any contribution (including any text, photographs, graphics, video or audio) with Setanta you agree to grant to Setanta, free of charge, permission to use the material in any way it wants (including modifying and adapting it for operational and editorial reasons) for Setanta services in any media worldwide (including on Setanta’s site accessed by international users). In certain circumstance Setanta may also share your contribution with trusted third parties*.


7. Copyright in your contribution will remain with you and this permission is not exclusive, so you can continue to use the material in any way including allowing others to use it.


8. In order that Setanta can use your contribution, you confirm that your contribution is your own original work, is not defamatory and does not infringe any UK laws, that you have the right to give Setanta permission to use it for the purposes specified above, and that you have the consent of anyone who is identifiable in your contribution or the consent of their parent / guardian if they are under 16.


9. We normally show your name with your contribution, unless you request otherwise, but for operational reasons this is not always possible. Setanta may need to contact you for administrative or verification purposes in relation to your contribution, or in relation to particular projects. For full details of when and how we may contact you please see Setanta’s Privacy Policy plus any local terms where applicable.


10. Please do not endanger yourself or others, take any unnecessary risks or break any laws when creating content you may share with Setanta.


11. If you do not want to grant Setanta the permission set out above on these terms, please do not submit or share your contribution to or with setanta.com.

12. If you have any questions about contributing content to Setanta, please see our FAQs.
Disclaimers and Limitation of Liability


13. The majority of content posted in setanta.com communities is created by members of the public. The views expressed are theirs and unless specifically stated are not those of Setanta. Setanta is not responsible for any content posted by members of the public on setanta.com or for the availability or content of any third party sites that are accessible through setanta.com. Any links to third party websites from setanta.com do not amount to any endorsement of that site by Setanta and any use of that site by you is at your own risk.


14. setanta.com content, including the information, names, images, pictures, logos and icons regarding or relating to Setanta, its products and services (or to third party products and services), is provided "AS IS" and on an "AS AVAILABLE" basis. To the extent permitted by law, Setanta excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Setanta does not guarantee the timeliness, completeness or performance of the website or any of the content. While we try to ensure that all content provided by Setanta is correct at the time of publication no responsibility is accepted by or on behalf of Setanta for any errors, omissions or inaccurate content on the website.

 
15. Nothing in these terms limits or excludes Setanta’s liability for death or personal injury caused by its proven negligence. Subject to the previous sentence, Setanta shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of setanta.com regardless of the form of action.


16. Setanta does not warrant that functions available on setanta.com will be uninterrupted or error free, that defects will be corrected, or that setanta.com or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.


General
17. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.


18. The failure or delay of Setanta to exercise or enforce any right in these terms does not waive Setanta’s right to enforce that right.


19. These terms shall be governed by and interpreted in accordance with the laws of England and Wales which shall have exclusive jurisdiction over any disputes.

 

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