Disclaimer
This page states the terms and conditions under which you (the "User")
may use the Site you linked from. The Site is owned and operated by Skystring
Design, Co Wicklow, Ireland. These terms and conditions should be
read in conjunction with our Privacy Policy. Please read these terms and
conditions carefully. Your use of this Site constitutes acceptance of these
terms and conditions. If you do not accept the terms and conditions, then
you should not use the Site.
Skystring Design may revise these terms and conditions at any time by updating
this posting. Any changes in these terms and conditions will be effective
immediately when they are posted on the Site. We reserve the right, at our
discretion, to change, modify, add, or remove portions of these terms and
conditions at any time. You should visit this page periodically to review
the terms and conditions, because they are binding on you.
Section 1. Use of Material
The Site is owned and operated by Skystring Design. No material from Skystring
Design or any Web site owned, operated, licensed, or controlled by Skystring
Design may be copied, reproduced, republished, uploaded, posted, transmitted,
or distributed in any way, except as provided in these terms and conditions.
Modification of the Material or use of the Materials for any other purpose
is a violation of Skystring Design's copyright and other proprietary rights.
For purposes of these terms, the use of any such Material on any other Web
site or networked computer environment is prohibited unless specifically
authorised by Skystring Design All trademarks, service marks, and trade
names are proprietary to Skystring Design
Skystring Design authorises you to view and download a single copy of the
Material (as defined below) on the Site solely for your personal, non-commercial
use.
Special rules may apply to the use of certain software and other items provided
on the Site. Any such special rules are listed as "Legal Notices"
on the Site and are incorporated into this Agreement by reference. These
"Legal Notices" may be changed from time to time and you should
visit these "Legal Notices" periodically to review any changes
which will be effective immediately when they are posted on the Site.
The contents of the Site, such as text, graphics, images, photographs, music
files and other material ("Material"), are protected by copyright
under both Irish and foreign laws. Unauthorised use of the Material may
violate copyright, trademark and other laws. You must retain all copyright,
trade mark and other proprietary notices contained in the original Material
on any copy you make of the Material. You may not reproduce, display, publicly
perform, distribute, sell or modify the Material or otherwise use the Material
in any way for any public or commercial purpose. In particular, the use
of the Material on any other web site or in a networked computer environment
for any purpose is prohibited.
If you violate any of these Terms, your permission to use the Material automatically
terminates and you agree to immediately destroy any copies you have made
of the Material.
Section 2. Skystring Design's Liability
The following provisions set out Skystring Design's entire liability (including
any liability for the acts and omissions of its employees, agents or sub-contractors)
to you in respect of: (i) any breach of the contractual obligations arising
under this Agreement; and (ii) any representations, statements or tortious
act or omission (including negligence) arising under or in connection with
this Agreement.
Any act or omission on the part of Skystring Design or its employees, agents
or subcontractors shall be known as an "event of default".
No statement on the Site or on any document including this Agreement shall
in any way prejudice the statutory rights which you may enjoy while "dealing
as a consumer" within the meaning of the Sale of Goods and Supply of
Services Act, 1980 or which you may otherwise enjoy under Section 55 or
Sections 40 and 46 of the said 1980 Act or while dealing as a "consumer"
within the meaning of Regulation 2 of the European Communities (Unfair Terms
in Consumer Contracts) Regulations 1995. Subject and without prejudice to
other aspects of mandatory public general law, the requirements of the said
European Communities (Unfair Terms in Consumer Contracts) Regulations, 1995,
shall only be imported into this Agreement when, and to the extent that,
you are dealing as a "consumer" within the meaning of the said
Regulation 2.
Skystring Design shall not be liable to you in respect of any Event of Default
for loss of profits, goodwill or any type of special, indirect or consequential
loss (including loss or damage suffered by you as a result of an action
by a third party even if such loss was reasonably foreseeable or Skystring
Design had been advised of the possibility of you incurring the same) nor
shall Skystring Design be liable in respect of any fault which is the responsibility
of any third party service provider or licensor to Skystring Design from
outside Ireland.
Except in the case of an Event of Default as set out above, Skystring Design
shall have no liability to you in respect of any Event of Default unless
you shall have served notice of the same upon Skystring Design as soon as
reasonably practicable after the date on which you became aware of the circumstances
giving rise to an Event of Default or the date when you ought reasonably
to have become so aware. Skystring Design shall have 30 days from the date
of such notice in which to remedy an Event of Default hereunder.
For the avoidance of doubt Skystring Design shall have no liability whatsoever
to you whether in contract, tort or otherwise (including any liability for
negligence) arising from the repair, service or maintenance of any third
party equipment. In no circumstances shall Skystring Design be liable to
you in respect of any such repair, service or maintenance of third party
equipment for loss of profits, goodwill or any type of special, indirect
or consequential loss howsoever caused including loss or damage suffered
by you as a result of an action by a third party even if such loss was reasonably
foreseeable or Skystring Design had been advised of the possibility of you
incurring the same.
The Material may contain inaccuracies or typographical errors. Skystring
Design makes no representations about the accuracy, reliability, completeness,
or timeliness of the Material or about the results to be obtained from using
the Site and the Material. The use of the Site and the Material is entirely
at your own risk. Changes are periodically made to the Site and may be made
at any time.
Skystring Design shall not be liable, and shall not otherwise be deemed
to be in breach of this Agreement, for any failure to perform (or delay
in performing) any of its obligations hereunder caused by circumstances
beyond its reasonable control.
Skystring Design DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE
OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL
ELEMENTS. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR
SERVICING OR REPLACING EQUIPMENT OR DATA, Skystring Design IS NOT RESPONSIBLE
FOR THOSE COSTS.
THE SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT
ANY WARRANTIES OF ANY KIND. Skystring Design AND ITS SUPPLIERS, TO THE FULLEST
EXTENT PERMITTED BY LAW, DISCLAIM ALL CONDITIONS AND WARRANTIES, EXPRESS
OR IMPLIED INCLUDING ANY TERMS AS TO MERCHANTABILITY AND FITNESS FOR PARTICULAR
PURPOSE. Skystring Design AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE
ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES,
SOFTWARE, TEXT, GRAPHICS OR LINKS. IN PARTICULAR, Skystring Design DOES
NOT WARRANT THAT THE USE OF THE MATERIAL BY THE USER WILL NOT INFRINGE THIRD
PARTY RIGHTS.
Section 3. Disclaimer of Consequential Damages
SUBJECT TO SECTION 7 BELOW, IN NO EVENT SHALL Skystring Design, ITS SUPPLIERS,
OR ANY THIRD PARTIES MENTIONED AT THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES,
LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION)
RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE MATERIAL, WHETHER
BASED ON STATUTE, CONTRACT, TORT, OR ANY OTHER LEGAL CAUSE, AND WHETHER
OR NOT Skystring Design IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 4. User Submissions
Generally, any communication which you post to the Site is considered to
be non-confidential. Do not post any personal information or confidential
information on this Site unless you agree to have it accessed over the Internet.
Click HERE for full details of Skystring Design's Privacy Policy.
By posting communications to the Web Site, you automatically grant Skystring
Design a royalty-free, perpetual, irrevocable, non-exclusive, transferable
license to use, reproduce, modify, publish, edit, translate, distribute,
perform and display the communication alone or as part of other works in
any form, media, or technology whether now known or hereafter developed,
and to sub-licence such rights through multiple tiers of sub-licences.
As a User, you are responsible for your own communications and are responsible
for the consequences of their posting.
You must not do the following things:
- post material in circumstances that breach the criminal law;
- post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;
- post material that reveals trade secrets, unless you own them or have the permission of the owner;
- post material that infringes on any intellectual property rights of others or on the data protection, privacy or publicity rights of others;
- post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity;
- post a sexually-explicit image;
- post advertisements or solicitations of business; or
- impersonate another person.
You agree not to use the Site or cause or permit any Materials to be used:
so as to jeopardise or prejudice the operation, quality or integrity of
the Site or Materials, or the operation, quality or integrity of any telecommunications
network;
for any commercial purpose including any surveys, contests or pyramid schemes,
nor to use the Site to participate in or cause others to participate in
sending chain letters, junk e-mail, spam, duplicative or unsolicited messages,
advertising or promotional material;
to harvest or otherwise collect information about others, including e-mail
addresses, without their consent;
to distribute, download, upload or transmit any material which contains
viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful
or deleterious programs;
contrary to the terms and conditions of any Internet Service Provider whose
services you may use.
Skystring Design does not represent or guarantee the truthfulness, accuracy,
or reliability of any of communications posted by other Users or endorse
any opinions expressed by Users. You acknowledge that any reliance on material
posted by other Users will be at your own risk.
Skystring Design does not screen communications in advance and is not responsible
for screening or monitoring material posted by Users. If notified by a User
of communications which allegedly do not conform to these terms and conditions,
Skystring Design may investigate the allegation and determine in good faith
and at its sole discretion whether to remove or request the removal of the
communication. Skystring Design has no liability or responsibility to Users
for performance or non-performance of such activities. Skystring Design
reserves the right to expel Users and prevent their further access to the
Site for violating this Agreement or the law and the right to remove communications
which are abusive, illegal, or disruptive. You agree that action taken by
Skystring Design will not be challenged by you.
Section 5. Links to and from Other Web Sites
The Site contains links to third party Web Sites. These links are provided
solely as a convenience to you and not as an endorsement by Skystring Design
of the contents on such third party Web Sites. Skystring Design is not responsible
for the content of linked third party sites and does not make any representations
regarding the content or accuracy of materials on such third party Web Sites.
If you decide to access linked third-party Web Sites, you do so at your
own risk.
User's correspondence with or participation in, or dealings with, third
party vendors including promotions of advertisers found through the Site
and payment and delivery of goods or services, are solely between User and
such vendors. The vendor terms and conditions of sale shall apply to the
purchase of any merchandise. Skystring Design is not a party to the vendor
terms between you and the applicable vendor. By your use of the retail facilities
of the vendors linked to the Site, and by agreeing to be bound with the
vendor by the vendor terms, you acknowledge that the vendors (and not Skystring
Design) are solely responsible for the security of their web sites, the
fulfillment of orders for merchandise and for the quality, suitability and
fitness for purpose of any goods or services purchased. Any disputes or
questions relating to merchandise or fulfillment of delivery thereof and
its quality, suitability and fitness for purpose shall be directed to the
vendors and you acknowledge that Skystring Design and its affiliates, related
or subsidiary companies shall have no responsibility, obligations or liability
in relation to such merchandise.
Skystring Design generally welcomes the hyper-linking to the Site from other
appropriate Web Sites provided such links are to the Site's homepage (and
no deeper within the Site) and provided Skystring Design gives its consent
to the establishment of such links. Notwithstanding the foregoing, Skystring
Design reserves the absolute right to refuse to consent to such links without
giving reasons. Any links to the Site from another Web Site must be presented
in such a manner that the viewing of the Site is not impaired by framing
or similar techniques that may impair the visitor's user experience.
Section 6. Software Licences
In the event you download software from the Site, the software, including
any files, images incorporated in or generated by the software, and data
accompanying the software (collectively, the "Software") are licensed
to you by Skystring Design does not transfer title to the Software to you.
You own the medium on which the Software is recorded, but Skystring Design
retains full and complete title to the Software, and all intellectual property
rights therein. You may not redistribute, sell, decompile, reverse engineer,
disassemble, or otherwise reduce the Software to a human-perceivable form
(except as permitted by law). All Software that is made available for downloading
from the Site is protected by copyright and may be protected by other rights.
The use of such software is governed by the terms of the software licence
agreement or designated "Legal Notice" accompanying such software
("Licence Agreement"). The downloading and use of such software
is conditioned on your agreement to be bound by the terms of the Licence
Agreement.
Section 7. Limitation of Liability
Subject to Sections 2 and 3 above, the aggregate liability of Skystring
Design to you for all claims arising from the use of the Site or Materials
(including Software) is Committee to IR£100 and you acknowledge that this
is a genuine pre-estimate of any loss you might suffer as a result of such
a claim.
Section 8. Indemnity
You agree to defend, indemnify, and hold harmless Skystring Design, its
officers, directors, employees and agents, from and against any claims,
actions or demands, including without limitation reasonable legal and accounting
fees, alleging or resulting whether directly or indirectly from your use
of the Site or Material (including Software) or your breach of the terms
of this Agreement. Skystring Design shall provide notice to you promptly
of any such claim, suit, or preceding and shall assist you, at your expense,
in defending any such claim, suit or proceeding.
Section 9. Export Control
Many countries control the export of products and information. You agree
to comply with such restrictions and not to export or re-export the Materials
(including Software) to countries or persons prohibited under the export
control laws. By downloading the Materials (including Software), you are
agreeing that you are not in a country where such export is prohibited or
are a person or entity to which such export is prohibited. You are responsible
for compliance with the laws of your local jurisdiction regarding the import,
export, or re-export of the Materials.
Section 10. User Information
Skystring Design shall hold your personal data in accordance with its Privacy
Policy.
Section 11. General
This Site is controlled and operated by Skystring Design from its offices
Ireland. Skystring Design makes no representation that materials in the
site are appropriate or available for use in other locations. Those who
choose to access this Site from other locations do so on their own initiative
and are responsible for compliance with local laws, if and to the extent
local laws are applicable.
Any disputes, claims or proceedings arising out of or in any way relating
to the Materials or the Site shall be governed by the laws of Ireland. The
Irish Courts shall have exclusive jurisdiction for the purpose of any proceedings
arising out of or in any way relating to the Materials or the Site. Without
prejudice to the foregoing, Skystring Design may seek provisional or protective
relief in the courts of another State prior to, during or after any substantive
proceedings have been instituted in Ireland and Skystring Design may bring
enforcement proceedings in another state on foot of an Irish judgement.
If any provision of this Agreement is found to be invalid by any court having
competent jurisdiction, the invalidity of such provision shall not affect
the validity of the remaining provisions of this Agreement, which shall
remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing
waiver of such term or any other term.
Except as expressly provided in a particular "Legal Notice" or
Software Licence or material on particular Web pages, THIS AGREEMENT CONSTITUTES
THE ENTIRE AGREEMENT BETWEEN YOU AND Skystring Design WITH RESPECT TO THE
USE OF THE SITE. Any changes to this Agreement will be posted on the Site
and will take immediate effect.
Skystring Design may at any time and without liability modify, suspend or
discontinue the Site or any Materials (or any part or specification thereof),
with or without notice, for any valid technical, operational or commercial
reasons.
These terms are effective until terminated by either party. You may terminate
these terms at any time by destroying all materials obtained from any and
all Skystring Design site(s) and all related documentation and all copies
and installations thereof, whether made under the terms of these terms or
otherwise. These terms will terminate immediately without notice from Skystring
Design if in Skystring Design's sole discretion you fail to comply with
any term or provision of these terms. Upon termination, you must destroy
all materials obtained from this site and any and all other Skystring Design
site(s) and all copies thereof, whether made under the terms of these terms
or otherwise.
© COPYRIGHT Bray Tourism 2006
ALL RIGHTS RESERVED
