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TERMS OF SERVICE

1. INTRODUCTION
InishowenNews.com is the website address of Linda McGrory t/a Inishowen News.  The InishowenNews.com website ("the site") and services are offered to you upon condition of your acceptance without modification of the terms and conditions ("the TAC") below.  By viewing and using the site you are deemed to consent to the TAC. Please therefore read this agreement carefully as it sets out your rights and obligations with respect to the use of the site and its services.  By using any of the services offered by InishowenNews.com, you ("the user") are deemed to warrant that you are 18 years or over, or under the supervision of an adult.

2. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
InishowenNews.com provides free access to its site.  The Services are provided to the user under the terms and conditions of the TAC and any operating rules or policies that may be published from time to time by InishowenNews.com. The TAC comprise the entire agreement between the user and InishowenNews.com and supercede all prior agreements between the parties. You may also be subject to additional terms and conditions when you use affiliate or third party services.

3. ACCESS TO THE SERVICES
The user must:
(a) provide all equipment, including a computer and modem, necessary to establish a connection to the Web;
(b) provide for the user's own access to the web and pay any telephone or other connection and service fees associated with such access;
(c) pay the services fees where applicable as determined by InishowenNews.com from time to time.

4. MODIFICATIONS OF TERMS OF SERVICE
InishowenNews.com reserves the right to modify the terms and conditions of the TAC at any time and at its sole discretion and without notice to you. It is the responsibility of the user to regularly review the TAC for modifications. By continuing to use the services, the user agrees to be bound by the amended TAC.

5. PERSONAL INFORMATION
Some Services may require the user to supply certain personal information. In consideration for the use of the services, the user agrees to:
(a) provide true, current, complete, and accurate information about the user as prompted to do so by the services, and
(b) maintain and promptly update this information if required to keep it true, current, complete and accurate.
If the user provides any information that is untrue, not current, incomplete or inaccurate, or InishowenNews.com has reasonable grounds to suspect that such information is untrue, not current, incomplete or inaccurate, InishowenNews.com has the right to suspend or terminate your use of the services.
All information requested on any submission form shall hereafter be referred to as "Form Information".
Users who do not wish the use of the Form Information to be used for direct marketing purposes may "opt-out" in writing at any time.  InishowenNews.com does not make any representation or warranty with respect to the content of any direct marketing messages or any goods or services which may be obtained from such third parties, and the user agrees that InishowenNews.com shall not have any liability with respect thereof.
InishowenNews.com reserves the right to disclose the Form Information if required to do so by law or if it believes in good faith that any such disclosure is reasonably necessary for the administration of justice; to enforce the TAC; to respond to any complaint received regarding the rights of third parties; or to protect the rights, property, or personal safety of InishowenNews.com, its users and the public.

6. PRIVACY POLICY
A user can access our site and utilise a number of our services without providing any information at all.  However, all users who submit a form to InishowenNews.com provide basic contact and demographic information which may be used for marketing purposes.

7.INFORMATION REQUIRED BY LAW
InishowenNews.com is required by law to provide the User with the following information:
InishowenNews.com is a website address of Linda McGrory t/a Inishowen News.  Inishowen News can be contacted through this website or at Ballybrack, Greencastle, Co Donegal.

8. NOTICE
All notices to a party shall be in writing and shall be made either via online announcements, e-mail, or conventional mail.

9. PROPRIETARY RIGHTS TO CONTENT
The user acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material (the "Content") contained in either sponsor advertisements, or Internet-distributed, commercially produced information presented to the user by the site, by Inishowen News, InishowenNews.com's advertisers, or other InishowenNews.com users may be protected by copyrights, trademarks, patents or other proprietary rights and laws. The user is only granted a limited personal licence for the user's own personal, non-commercial use for the site and services unless expressly otherwise authorised by InishowenNews.com and in particular is only granted a limited personal licence to refer to, bookmark or point to any page within the site, or to download the content to a single personal computer or to make a printout in respect of a single copy of the content for personal reference.  All copyright and other proprietary notices in the materials must be left intact.  The user may not copy, reproduce, distribute, or create derivative works from the content without expressly being authorized to do so by the relevant copyright owner.

10. INDEMNIFICATION
The user agrees to indemnify, defend (at Inishowen News's request), and hold InishowenNews.com, its affiliates, officers and employees, harmless from any claim or demand, including reasonable legal expenses, made or brought by any third party due to or arising out of the user's use of the services or any part thereof, the violation of these TAC or any provision therein by the user, or the infringement or misappropriation by the user, or a third party using the user's computer of any intellectual property rights of any person or entity.

11. MONITORING
InishowenNews.com has no obligation to monitor the services but reserves the right to do so and to remove any content or material at its sole discretion at any time without notice.

12. COMPLAINTS PROCEDURE
Any abuse of the services, including but not limited to the violation of these TAC or any provision therein, or the infringement or misappropriation by any user, or a third party using a user's computer, of any use the services, or of any intellectual property rights of any person or entity should be reported immediately to InishowenNews.com.

13. MODIFICATIONS AND DISCONTINUANCE OF THE SERVICES
InishowenNews.com reserves the right at its sole discretion to modify or discontinue the site or services, or any portion thereof, at any time, with or without notice to the user.  InishowenNews.com shall not be liable to the user or any third party should InishowenNews.com exercise its right to modify or discontinue the site or services.

14. THIRD PARTIES
(a). Advertising
InishowenNews.com may serve advertisements to the site or work with a third party to serve the advertisements. Advertisements placed on the site may include but are not limited to banner ads, links, business articles, business listings, and sponsorships. The user agrees that InishowenNews.com has the right to run such advertisements and promotions.
InishowenNews.com does not control the content of these services which is supplied by third parties and the inclusion of content does not imply endorsement of the third party by InishowenNews.com or any association with that third party. User correspondence or business dealing with, or participation in promotions of, advertisers or third parties found on or through the site or services, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between the user and such advertiser or third party. The user agrees that InishowenNews.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Site or Services.
(b). E-mail Marketing
InishowenNews.com and/or third parties may, from time to time, send e-mail messages to the user containing advertisements, special promotions, and other marketing. InishowenNews.com has the right to partner with any e-mail marketers. User correspondence or business dealing with advertisers or third parties including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between the user and such advertiser or third party. The user agrees that InishowenNews.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
(c). Links
The site or services may contain images of and links to third party websites ("Linked Sites"). Linked Sites are not under the control of InishowenNews.com and the user agrees that InishowenNews.com is not responsible for the content of any Linked Sites. The inclusion of a link does not imply endorsement of the Linked Sites by InishowenNews.com or any association with its owners or operators. User correspondence or business dealing with advertisers or third parties found on or through Linked Sites, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between the User and such advertiser or third party. The User agrees that InishowenNews.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Site or Services.

15. DISCLAIMER OF WARRANTIES
(a). InishowenNews.com provides the Site and Services on an "as is" and "as available" basis, and the User uses the Site and Services at his/her sole risk.
(b). InishowenNews.com shall not be responsible for the effect or result of the introduction or entry of any virus into the Site and /or one or any of the Services.
(c). InishowenNews.com makes no warranty that the Site or Services will meet the User's requirements; nor that the Site or Services will be uninterrupted, timely, secure, or error free; nor does InishowenNews.com make any warranty as to the results that may be obtained from the use of the Site or Services; nor as to the accuracy or reliability of any information obtained through the Site or Services; nor that defects in the Site or Services will be corrected.
(d). InishowenNews.com expressly disclaims all warranties of any kind insofar as is permissible by law, whether express, implied or statutory, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
(e). The User understands and agrees that any Content and/or Material downloaded or otherwise obtained through the use of the Site or Services is done at the User's own discretion and risk. InishowenNews.com is not responsible for any damage to the User's computer system or loss of data that results from the download of such Content and/or Material.
(f). InishowenNews.com makes no warranty regarding any goods or services purchased or obtained through the Site or Services or any transactions entered into through the Site or Services.
(g). No advice or information, whether oral or written, obtained by the User from InishowenNews.com shall create any warranty not expressly made herein.

16. LIMITATION OF LIABILITY
InishowenNews.com shall not be liable for any loss of use, interruption of business, or any direct or indirect, special, incidental, or consequential damages of any kind (including but not limited to lost profits) regardless of the form of action, whether in contract, tort (including negligence), strict product liability, or otherwise, even if InishowenNews.com has been advised of the possibility of such damages, howsoever arising, out of use of the Site or Services.

17. LAW
The TAC shall for all purposes be governed by and interpreted in accordance with the laws of Ireland. The user and InishowenNews.com agree to submit to the exclusive jurisdiction of the courts of Ireland. The place of performance of this Agreement shall be Ireland.

18. ASSIGNMENT
No right may be assigned, and no duty may be delegated, by the user under this Agreement except upon the written consent of Inishowen News and any attempted assignment and delegation without such consent shall be void and without effect. Inishowen News shall be entitled to assign this agreement. This TAC shall be binding upon and shall endure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.

19. NO AGENCY
Neither party is, nor will it be deemed to be, an agent or legal representative of the other party for any purpose. Neither party will be entitled to enter into any contracts in the name of or on behalf of the other party, and neither party will be entitled to pledge the credit of the other party in any way or hold itself out as having authority to do so.

20. SEVERABILITY
If any of the provisions of this agreement is found by an arbitrator, court or other competent authority to be void or unenforceable, it shall be deemed to be deleted from this agreement and the remaining provisions shall continue to apply. The parties shall negotiate in good faith in order to agree the terms of a mutually satisfactory provision to be substituted for the provision found to be void or unenforceable.

21. WAIVER
Any waiver (express or implied) by either party of any breach of this TAC shall not constitute a waiver of any other or subsequent breach. No provision of the TAC will be waived by any act, omission or knowledge of a party or its agents or employees except by an instrument in writing expressly waiving such provision and signed by a duly authorised officer of the waiving party. In particular but without prejudice Inishowen News's failure to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision unless acknowledged and agreed to by InishowenNews.com in writing.

22. TITLES
The section titles in the TAC are solely used for the convenience of the parties and have no legal or contractual significance.

Copyright 2007 Linda McGrory t/a Inishowen News.  All Rights Reserved.