2. About the Service. The Service is intended for general audiences and for personal and information use only. The Service offers information, audio and video content for viewing (“Content”) and links to other sites. You may submit queries to the Service search functionality at various “search box” areas, and search results shown on the Service, as well as certain other search-driven experiences will include links to third party websites or embedded displays of Content hosted and served from third party websites. Embedded displays are enabled by embed codes made available by third party host websites. The Service does not host Content that is embedded or linked to and is not responsible for the activities originating with the third party server of such Content. Some Content and some of these sites may contain materials that are objectionable, unlawful, or inaccurate. By providing access to the Content or these links do not mean that we endorse the Content, these third party sites or services. You acknowledge and agree that we are not responsible or liable to you for any Content or other materials hosted and served from these third party sites. The Service is a consumer service and is not designed to be used in connection with commercial activities by you, your employer or contractors. If you choose to do so, it is entirely at your own, and your employer’s or contractor’s, risk.
3. Registration. You do not need to sign up to visit the Service; however, certain interactive features, such as posting comments, are available only to users who register with us and obtain a user ID or screen name through the WordPress Network or one of our services.
4. Additional Terms. The Service may offer features and sites where you can upload or download files. You agree that these feature may be subject to supplemental rules that will be binding on you. The minimum terms in Sections 14, 15 and 16 will always apply to your uploads.
5. Electronic Delivery Policy and Your Consent. You acknowledge that you are agreeing to these terms online and electronically. You authorise us to provide you with required notices, agreements and information concerning the Service electronically. We will provide you our notices either by sending them to the e-mail address that you give to us or by posting the notices on the home page of the Service or on the relevant web page of the applicable service. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of the Service.
7. Changes to the Service. We may discontinue or change any service or feature on the Service at any time and without notice.
8. Access. You must provide at your own expense the equipment and Internet connections that you will need to access and use the Service. If you access the Service through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, wireless, data or text messaging charges apply if you access the Service through wireless applications (e.g., cell phones). Check with your carrier to verify whether there are any such fees that may apply to you.
9. Your Responsibilities. You may use the Service for lawful purposes only. You are responsible for all activities under your account, including all legal liability incurred from the use of your account by you or others. You agree that you will not access or use the Service or its Content, or otherwise engage in any conduct that:
• violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
• is unlawful;
• uses technology or other means to access the Service or Content that is not authorised by us;
• use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access the Service or Content;
• attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• attempts to gain unauthorised access to our computer network or user accounts;
• encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; offers, promotes or encourages betting or wagering prohibited by law;
• violates this Agreement, guidelines or any policy posted on the Service;
• attempts to damage, disable, overburden, or impair our servers or networks; or
• interferes with any other party’s use and enjoyment of the Service.
11. No Spam. You may not use the Service or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use the Service to violate the terms of this section. We may terminate your access or use of the Service immediately and take any other legal action if you, or anyone using your access to the Service, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilising, or remaining within our computer or communications networks.
12. Proprietary Rights. We, our suppliers, and our users who lawfully post Content on the Service own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights and also may have security components that protect digital information. You agree that you will not violate these rights and access and use the Content only for your own personal use, and only as authorised by the owners of these rights.
15. Use Of Content Submitted By You
We do not claim ownership of any Content that you may post, however, you agree that any Content you upload, post, email, transmit or otherwise make available via the Service is non-confidential and that we shall have a perpetual, worldwide, non-exclusive license to use any such Content in connection with the Service and our business (and any successor), including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through the functionality of the Site and under these Terms of Service. The submission of any materials to us irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity. The foregoing license granted by you terminates once you remove or delete Content from the Site.
16. POSSIBLE CONTENT REMOVAL
We retain the right, but not the obligation, to monitor and edit or remove any activity or Content that is deemed at our sole discretion to be harmful to us, our users or the rights of any third party, or to violate any applicable law. This includes the right, but not the obligation, to remove any text or images uploaded by you that we deem in our sole judgment to be inappropriate or that we believe may subject us to any liability, including without limitation the following:
-photographs, pictures, images, text or other materials submitted by Users that are protected by trademark, copyright, right of publicity or other proprietary right, without the express permission of the owner of those rights;
-partially or fully nude images of anyone, at any age, of any gender, including sexually suggestive images or words;
-profanity or offensive comments including but not limited to expressions of racism, bigotry or hatred, or that are abusive, slanderous or offensive;
-any illegal material such as expressions of abuse, offensive language and imagery, obscenity or pornography, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under, or otherwise violate, any applicable law.
17. No Duty To Monitor. You agree that we are not liable for Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.
18. Procedure For Making Claims Of Copyright Infringement. We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, please follow the instructions below to contact us to report possible copyright infringement.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
In operating the Service, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party web sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Web Site. rukkle LTD has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on its services. rukkle LTD has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Company or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. If you believe any material available via the Service infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should send infringement notices under the DMCA is as follows:
Please provide the following notice:
-Identify the copyrighted work or other intellectual property that you claim has been infringed;
-Identify the material on the Service that you claim is infringing, with enough detail so that we may locate it on the Service;
-A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
-A statement by you declaring under penalty of perjury that the above information in your notice is accurate, and that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
-Your address, telephone number, and email address; and your written consent to process your personal data provided to us, and your physical or electronic signature.
-We may give notice to our users of any infringement notice by means of a general notice on any of our services, electronic mail to a user’s e-mail address in our records, or by written communication sent by mail to a user’s physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the e-mail address above, that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
-Your physical or electronic signature;
-Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
-A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
-Your name, physical address and telephone number, and a statement that you consent to be bound by the laws of the the EU/Republic of Ireland, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person; and
-The written consent to process your personal data provided to us.
19. Third Party Sites; Advertisers. The Service may include links to third party websites, including links provided as automated search results and links to certain related products or services. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. We are not responsible or liable for any Content, the products or services, or other materials on these third party sites. You agree that the Service may be supported by advertising. Any dealings that you have with advertisers found on the Service are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
21. DISCLAIMER. WE PROVIDE THE SERVICE “AS IS” AND WITH ALL FAULTS. YOU ARE USING THE SERVICE AT YOUR OWN RISK. WE, OUR LICENSORS AND DISTRIBUTORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE SERVICE IS FREE OF DEFECTS AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT ALL DATA WILL BE SUCCESSFULLY OR SECURELY UPLOADED AND STORED ON THE SERVICE, OR THAT IT WILL MEET YOUR REQUIREMENTS. WE DISCLAIM THE IMPLIED WARRANTIES THAT THE SERVICE IS MERCHANTABLE, OF SATISFACTORY QUALITY, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. FURTHER, WE, OUR LICENSORS AND DISTRIBUTORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE SERVICE IN TERMS OF ITS CORRECTNESS, ACCURACY, PROFITABILITY OF THE SERVICE, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR AN AUTHORISED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
22. LIMITATION OF LIABILITY. WE, OUR LICENSORS AND DISTRIBUTORS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR PARENT, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, PARTNERS, AGENTS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, CORRUPTION OF DATA, COMPUTER FAILURE OR MALFUNCTION. YOUR SOLE REMEDY WITH RESPECT TO ANY DISPUTE WITH US OR THE SERVICE IS TO CANCEL YOUR USE OF THE SERVICE.
23. Indemnification. Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
24. International Use. We make no representation that Content on the Service is appropriate or available for use in locations outside the EU, and accessing it from territories where the Content is illegal is prohibited. If you choose to access the Service from a location outside the EU, you do so on your own initiative and you are responsible for compliance with local laws.
25. Choice of Law and Location for Resolving Disputes. You agree that the laws of the Republic Of Ireland govern this contract and any claim or dispute that you may have against us, without regard to ROI’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the Republic Of Ireland and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
(1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN;
(2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, DISTRICT OR HIGH COURTS IN THE REPUBLIC OF IRELAND OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND
(3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE REPUBLIC OF IRELAND FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.