ThirdForce Website Terms and Conditions
Important Legal Notice
Attention: This legal notice applies to the entire contents of this website
under the domain name www.thirdforce.com (the "Website") and to any correspondence by
e-mail between us and you. Please read this legal notice carefully before using this
Website. Using this Website indicates that you accept the terms of this legal notice.
If you do not accept these terms, Any reference to "we" or "us" in this notice means
ThirdForce Plc and its subsidiaries from time to time (the "Company").
1
Introduction
1.1
By using the Website, you agree to be bound by this legal notice in full, which shall take effect immediately on your first use of the Website. If you do not agree to be bound by all of the terms of this legal notice, please do not access, use and/or contribute to the Website.
1.2
We may revise this legal notice at any time by updating this posting. You should check this Website regularly to review the current legal notice, because it is binding on you. If you do not agree to the changes, you should cease using this Website.
1.3
Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website. If there is any conflict between these terms and specific local terms appearing elsewhere on the Website, then the latter shall prevail.
2
Intellectual Property Rights and Licence
2.1
All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Website and all content (including all applications) located on the site are owned by and shall remain vested in the Company 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 the Website's 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 Website content except for your own personal, non-commercial use. Any other use of Website content requires the prior written permission of the Company.
2.2
For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
2.3
The names, images and logos identifying the Company or third parties and their products and services are subject to copyright, design rights and trade marks of the Company 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 the Company or any other third party.
2.4
Any rights not expressly granted in these terms are reserved.
3
Service Access
3.1
While the Company endeavours to ensure that this Website is available 24 hours a day, the Company shall not be liable if for any reason this Website is unavailable at any time or for any period.
3.2
Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.
4
Visitor Material and Conduct
4.1
Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
4.2
You agree that you are responsible for your own communications with respect to any material you transmit or post to the Website and for any consequences thereof, and you agree to use the Website forums only to post, send and receive messages and material that are proper and related to the particular forum. By way of example, and not as a limitation, you agree that when using a Website forum, you will not:
(a)
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(b)
Publish, post, upload, distribute, disseminate or offer to do the same ("Post") any topic, name, material, information or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, infringing, defamatory, libellous, inappropriate, profane, vulgar, obscene, indecent, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(c)
Post material containing software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents;
(d)
Post files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another's computer;
(e)
Advertise or offer to sell or buy any goods or services for any business purpose;
(f)
Conduct or forward surveys, contests, pyramid schemes or chain letters;
(g)
Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
(h)
Impersonate, or falsely state or otherwise misrepresent your affiliation with, any other person or entity;
(i)
Falsify or delete any author attribution, legal or other proper notice or proprietary designation or label of the origin or source of software or other material contained in a file that is posted;
(j)
Restrict or inhibit any other user from using and enjoying the Website;
(k)
List or collect information about other users, including e-mail addresses, without their consent; or
(l)
Violate any applicable laws or regulations.
4.3
The Company advise that you never reveal any personal information about yourself or anyone else (for example: telephone number, postal address, home address or email address or any other details that would allow you to be personally identified) on this Website.
4.4
The Company does not pre-screen or control the content of any posting and, as such, does not endorse, support, represent, or guarantee the truthfulness, accuracy or reliability of any communication posted or endorse any opinion expressed in any posting. However, the Company will make commercially reasonable efforts to remove any inaccurate or inappropriate posting. If you are concerned about the content of any posting, please e-mail your concerns to tfweb@thirdforce.com. You acknowledge that any reliance on material in any posting will be at your own risk. Moreover, you understand that by using the Website, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will the Company be liable in any way for the content of any posting, including but not limited to, any errors or omissions in its content, or any loss or damage of any kind incurred as a result of the use of any content posted.
4.5
Except to the extent specifically set forth in this legal notice, the Company has no obligation to monitor any posting on the Website, including for the purposes of removing material that is inaccurate, offensive or inappropriate or material which otherwise violates this legal notice. Notwithstanding the foregoing, the Company reserves the right to monitor, for any purpose, any postings on any Website forum.
4.6
In addition to reserving the right to monitor, for any purpose, any Website forum at any time, the Company also reserves the right at any time (1) to disclose any information as necessary to satisfy any applicable policy, law, regulation, legal process, government request, or similar or (2) to edit, refuse to post or remove any information or materials, in whole or in part, for any reason whatsoever, in the Company's sole discretion.
4.7
The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of this legal notice.
5
Links To And From Other Websites
Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
6
Termination
The Company reserves the right, in its sole discretion, to terminate your access to and use of the Website or any part of it, including, without limitation, if the company believes that you have violated or acted inconsistently with the letter or spirit of this legal notice; provided, however, that the company will have no liability or responsibility for the performance or non-performance of such activities. The Company may also, in its sole discretion and at any time, discontinue operation of the Website, or any part hereof. Any such termination may be effected without any prior notice. Upon any such termination, the Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website generally. Further, the Company shall not be liable to you or any third-party for any termination of your access to the Website.
7
Disclaimer
7.1
While the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material.
7.2
The material on this Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, any conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
8
Liability
8.1
The Company, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in any way or in connection with:
(a)
this Website;
(b)
the use, inability to use or the results of use of this Website;
(c)
any websites linked to this Website or the material on such websites;
(d)
your downloading of any material from this Website or any websites linked to this Website; or
(e)
viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website.
8.2
Nothing in this legal notice shall exclude or limit the Company's liability for:
(a)
death or personal injury caused by negligence; or
(b)
fraud; or
(c)
any liability which cannot be excluded or limited under applicable law.
9
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, affiliates and strategic partners from and against any claims, actions or demands, arising or resulting from your use of the Website or your breach of the terms of this legal notice.
10
Governing Law And Jurisdiction
This legal notice shall be governed by and construed in accordance with [Irish] law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the [Irish] courts.
Company Details
ThirdForce PLC.
Registered number: 271467. Registered Office: No 1 Deansgrange Business Park, Blackrock, Co. Dublin, Ireland. Registered in Ireland.
ThirdForce EP Irl Limited
Registered number:128285. Registered Office: No 1 Deansgrange Business Park, Blackrock, Co. Dublin, Ireland. Registered in Ireland.
ThirdForce EP UK Limited
Registered number: 4338603. Registered Office: 36 Windsor Street, Uxbridge, UB8 1AB, England. Registered in England & Wales.
ThirdForce CLM Limited
Registered number: 3723561. Registered Office: 36 Windsor Street, Uxbridge, UB8 1AB, England. Registered in England & Wales.
ThirdForce EP Pty Ltd.
Registered number: ABN 58 096 835 175. Registered Office: C/-MSI Ragg Weir, Level 2, 50 Burwood Road, Hawthorn VIC 3122. Registered in Australia.