General Terms and Conditions of www.heartbeatofhome.com web site
updated 9 MAY 2018
The following terms and conditions govern your access to and use of the website www.heartbeatofhome.com and the services made available to you on this site (“the Services” or a “Service”).
Any references herein to the “Site” apply to www.heartbeatofhome.com. Please read these terms and conditions carefully. Any use by you of the Site or any Service on the Site shall be on the basis that you have read, understood and agreed with these terms and conditions.
These Terms and Conditions of Use refer to the following additional terms, which also apply to your use of the Site:
• Our Cookies Policy which sets out information about the cookies on the Website;
An updated version of these Terms and Conditions shall be available to you at all times and it is your responsibility to review this periodically. Your continued access to a Site and use of the Services after any such changes have been made shall constitute your consent to such changes.
• Users who access this Site from other locations do so on their own initiative and risk and are responsible for compliance with local laws. No information on this Site should be construed as a promotion or solicitation for any product or the use of any product which is not authorised by the applicable laws of your place of citizenship, domicile or residence.
• Riverdream may at any time and without liability modify, suspend or discontinue the Site or any Service with or without notice, for any valid technical, operational or commercial reasons.
• Riverdream does not guarantee or warrant that any particular features of or information on the Site or any Service will be available to you at any given time and you acknowledge that the Services may not be available to you in the event that you are denied access or unable to access the Internet or this Site. Riverdream shall not be responsible for your inability to use the Services in these circumstances.
• You must ensure that any equipment used in conjunction with any Service is technically compatible for use with the Service and is used in accordance with any instructions, safety or security procedures applicable to that equipment. Riverdream has no responsibility for any such equipment.
You agree not to use or cause or permit any Service to be used:
• For any improper, indecent, unlawful, threatening, defamatory or fraudulent purpose or to cause any injury, offence or annoyance to any person, or interfere with their enjoyment and use of the Site or Services;
• So as to jeopardise or prejudice the operation, quality or integrity of the Site or Services.
• Send junk e-mail, spam, duplicative or unsolicited messages for the purposes of direct marketing or advertising or promotional materials to third parties without their prior consent;
• To harvest or otherwise collect information about others, including e-mail addresses, without their prior consent.
You also agree
• To comply with all reasonable instructions or requests of Riverdream or an authorised authority in relation to any Service or the investigation of any offences and to abide by all applicable laws and regulations (including copyright and intellectual property laws) licences, codes of practices and usage policies of connected networks;
• Not to resell, sub-licence or attempt to resell, sub-licence or otherwise exploit commercially any Service (or any part thereof) or any material or information accessed via a Service;
• Not to distribute, download, upload, publish or transmit any data material, information or software in a manner which may infringe the rights of third parties or render Riverdream liable to the payment of damages to any third party;
• Not to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programmes;
• Not to attempt to gain unauthorised access to or interfere with any Service, other computer systems or connected networks;
• Not to disguise the origin of any transmitted communication or impersonate any other person or entity;
• To dutifully reproduce any copyright symbol and clause in whole as may appear onscreen or printer at the head of the relevant data base or the head or foot of any information being processed;
• To comply with the terms and conditions of any Internet Service Provider whose services you may use.
Use of the Site and Services
You expressly understand and agree that your use of the Site and Services is at your own risk. In particular, you assume all responsibility for:
• Taking adequate precautions against all errors, defects, interruptions or malfunctions in the provision of any Service;
• Accessing, obtaining or transmitting information, materials, data, communications, messages, software and services via the Site (or linked Sites) and any Service;
• Installing and executing anti-contamination software and otherwise taking steps to ensure that information, if contaminated or infected, will not damage any information or system;
• All activities conducted through the use of any of your Service accounts, whether authorised by you or not;
• Any dealings with advertisers, promoters or third-party vendors on the internet, including the delivery of and the payment for goods and services;
• Evaluating the accuracy, reliability, correctness or completeness of any information (including information concerning ticket prices and charges) and evaluating any goods (including software) or services offered by any third parties via the Site or linked sites. Riverdream shall not be a party to or be in any way responsible for any transactions between you and such third parties.
• Obtaining the consent of third parties prior to sending them messages for the purposes of direct marketing.
The Site and Services are provided “as-is” and all conditions and warranties expressed or implied by statute or common law are excluded to the fullest extent permitted by law. In particular, Riverdream makes no warranties or representations:
• As to the suitability, reliability, availability, timeliness, correctness, accuracy, or completeness of the Site (or linked Sites) or any Service or any information, material or communications transmitted, obtained or accessed via the Site (or linked Sites) or any Service;
• That the Site or any Service will meet your requirements or that the operation of the Site or any Service will be uninterrupted, timely, secure or error-free or that any defect can or will be remedied;
• To the extent that the operation of the Site or any Service is dependent on third party service or content providers;
• That information or materials obtained or accessed by you via the Site or any Service will be free of infection by viruses, worms, trojan horses or anything else manifesting contaminating or destructive properties.
Unless otherwise stated, neither Riverdream nor any third parties involved in the provision of the Site or Services shall be liable for any losses or damage, (other than death or personal injury caused by negligence), costs or expenses (including indirect loss or consequential loss of use, data, profits, business or anticipated savings) arising out of or in any way connected with:
• The use of the Site (or linked Sites) or any Service by you or other persons;
• The provision of or failure to provide any Service.
• Your dealing with any third parties, including but not limited to advertisers, promoters, vendors or service providers.
• Any errors, defects, interruptions, malfunctions or delays in the provision of any Service.
• Reliance placed on any information (including without limitation, information concerning companies, share prices, investments or securities) material, data, communication or messages obtained, accessed or transmitted through the Site or any Service.
• The loss, corruption or overwriting of any information, material, data, communication or message.
• Any unauthorised access to or alteration of your computer system, software, messages, information or data otherwise arising out of the use of the Site or any Service.
• The suspension, termination of any Service (or any part thereof).
• The acts or omissions of other providers of telecommunications or information services or for faults or failures of their equipment or systems.
whether based in contract, tort, or otherwise, even if Riverdream or any of its suppliers has been advised of the possibility of such losses, damage, costs or expenses.
You agree to indemnify and hold Riverdream, its servants and agents harmless against any liability, loss, damage (including legal costs and fees), claims or proceedings (whether actual or threatened) sustained pursuant to the use of the Site or any Service by you, your agents or any third party via your Service account(s) or your breach of these terms and conditions (including without limitation any failure by you to obtain the consent of third parties to whom you send unsolicited messages for direct marketing purposes).
If we are unable to perform any obligation under this Agreement because of a matter beyond our reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving our employees) or acts of local or central government or other competent regulatory authorities or events beyond the reasonable control of its suppliers will have no liability to you for that failure to perform
Suspension / Termination
Riverdream may without notice suspend or terminate your access to any Service wholly or partially for any valid reason, including, without limitation, where:
• You fail to observe or perform any obligation set out herein (and in particular any User Obligations) or any relevant law, licence, regulation, directive, code of practice or applicable usage policy.
• If for any reason Riverdream suspends or discontinues a Service or is unable to supply a Service (or any part thereof) to you.
Where Riverdream exercises any of its rights or powers under this Clause such exercise shall not prejudice or affect the exercise of any other right, power or remedy which may be available to Abhann.
Proprietary Rights to Content
The information contained in the contents of the pages of this Site, including but not limited to the layout and expression, are copyright © 2013-2018 Riverdream Productions Ltd and/or its third party contributors and may not be copied, transmitted, converted, transcribed, stored or reproduced except as follows:
i. You may print or download on any single computer one copy of the contents of these pages (other than those excepted from this licence as set out below) for your personal, non-commercial home use. All copyright notices, proprietary notices and disclaimers should also be copied. All rights not expressly granted by us in these terms and conditions of use are hereby reserved.
ii. Any organisation may download the site for caching purposes, and to allow its members, subscribers or employees to access the site.
iii. The limited licence to copy materials on this Site set out above does not permit incorporation of the material or any part of it in any other work or publication, whether in hard copy, electronic or any other form. In particular, but without limitation, no part of the Site pages may be distributed or copied for any commercial purposes. No part of these Site pages may be produced on or transmitted to or stored in any other website or other form of electronic retrieval system. In addition, in respect of any software downloaded from this Site, title, including all intellectual property rights, shall vest and remain vested in Abhann and/or its third party contributors.
Where applicable, the author(s) of the literary and artistic works set out on the pages of this Site has/have asserted his/her/their moral rights to be identified as the author of those works. Their identities are set out on the pages containing their works.
Certain links on this Site lead to sites maintained by third parties over which Riverdream has no control. Riverdream makes no representations as to the accuracy, completeness, truthfulness or any other aspect of the information contained on such sites or sites linked to such sites. Any links to such sites are provided for convenience only and are to be availed of at your own risk.
The terms and conditions under this heading relate to the ‘Competitions’ service only however, the other terms and conditions of this Site given above also apply to you and you are strongly advised to read them.
All Entrants must, in addition, comply with the rules of the individual games, which are available on this Site. The prizes will be awarded in accordance with the rules of the individual games.
Cash will not be awarded in lieu of prizes. Details of winners will be made available by Riverdream on the website. No prizes will be awarded to Riverdream staff or agents. Riverdream’s decisions regarding the awarding of prizes shall be final and no correspondence will be entered into by Riverdream.
These Terms and Conditions are governed by the laws of the Republic of Ireland (excluding Northern Ireland) and the parties submit to the non-exclusive jurisdiction of the Courts of the Republic of Ireland. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these terms and conditions shall continue in effect.
Any waiver, concession or extra time permitted by Riverdream is limited to the circumstances in which it is given and does not affect the rights of Abhann under this contract in any way. In particular any delay by Riverdream in acting upon a breach does not constitute a waiver of that breach.
© 2012 -2018 Riverdream Productions Limited , 133 Capel Street, Dublin 1, D01 C8W9 Ireland. All rights reserved.