TERMS OF SERVICE AND USE
(1) ACCEPTANCE OF AGREEMENT
On behalf of SaintPatricksDay, LLC, owner of StPatricksDay.com, SaintPatricksDay.com, IrishMail.com, IrishBeat.com, MyIreland.com, and other websites, (hereinafter referred to collectively as "SaintPatricksDay," "party," "us," "we," or "our"), thank you for your interest in our Services. SaintPatricksDay relies on users like you to inspire and drive our business.
SaintPatricksDay may, at its sole discretion, modify or revise the Agreement at any time, and you agree to be bound by such modifications and revisions. IF YOU DO NOT ACCEPT AND ABIDE BY THIS AGREEMENT, YOU MAY NOT USE IRISHMAIL OR SAINTPATRICKSDAY'S OTHER SERVICES AS DESCRIBED BELOW IN SECTION 3. After completing registration, you may find the most recent version of the Agreement at: http://www.stpatricksday.com/legal/Terms.html
(2) CONSIDERATION OF PARTIES
You understand and agree that you and SaintPatricksDay have received adequate and reasonable consideration to enter into the Agreement including the mutual promises contained herein.
(3) DESCRIPTION OF SERVICES
SaintPatricksDay provides content, services, and products to users through its online Irish portal and webpages including, but not limited to, StPatricksDay.com, SaintPatricksDay.com, IrishMail.com (an online email application), and IrishBeat.com (an online blog application) and in the future intends to offer other innovative services and products (the "Services"). All of these Services and any future modifications or revisions of these Services are subject to the Agreement.
You understand and agree that the Services may include advertisements and other related information, and that these advertisements and other related information are important and necessary for SaintPatricksDay to provide the Services. You also understand and agree that: (a) the Services may include communications from SaintPatricksDay like service announcements, administrative messages, promotional offers, and newsletters; (b) these communications are part of the Services; and (c) you will not be able to opt out of receiving them.
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND ON AN "AS AVAILABLE" BASIS, AND THAT SAINTPATRICKSDAY EXPRESSLY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR THE AVAILABILITY, TIMELINESS, SECURITY, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATIONS OR PERSONALIZED SETTINGS. SAINTPATRICKSDAY ALSO RESERVES THE RIGHT TO MODIFY, SUSPEND, TERMINATE, OR DISCONTINUE THE SERVICES WITH OR WITHOUT NOTICE, AT ANY TIME, AND FOR ANY REASON WITHOUT LIABILITY TO YOU.
You are responsible for obtaining access to the Services, and that access may involve third party fees (e.g. internet services provider, mobile phone, or other telecommunication fees). You are responsible for those fees, including fees associated with the display or delivery of advertisements and all other content. In addition, you are responsible for all software, hardware, and other equipment necessary to access the Services.
(4) AGE RESTRICTION AND CERTIFICATION
In accordance with the Children's Online Protection Act of 1998, you must be at least thirteen (13) years old to use certain of these Services including, but not limited to, IrishMail.com. To the extent required by law, you certify that you are at least thirteen (13) years old, and you agree to provide true, accurate, current, and complete identification, contact, and other information that may be required as part of the registration process and/or for the continued use of the Services.
(5) REGISTRATION AND ACCURACY OF USER DATA PROVIDED
You certify that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. You agree to provide true, accurate, current, and complete identification, contact, and other information that may be required as part of the registration process and/or for the continued use of the Services, and you agree to update this information should it change or become untrue, inaccurate, out-of-date, or incomplete.
If you provide information that is untrue, inaccurate, out-of-date, or incomplete, or if SaintPatricksDay has reason to believe that such information is untrue, inaccurate, out-of-date, or incomplete, SaintPatricksDay has the right to suspend or terminate your account and refuse any and all current or future use of the Services.
(6) PROPER USE
You understand and agree that you are responsible for your own communications and for any consequences that result from such communications. You further understand and agree that you will use the Services in compliance with all applicable local, state, national, and international laws and equities, rules, regulations, and treaties ("Applicable Laws") including any Applicable Laws regarding the transmission of data exported to your country of residence.
You understand and agree that all information, data, text, blog comments, story entries, files, software, music, sound, photographs, graphics, images, video, messages, tags, metadata, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person or entity from whom such Content originated. As such, you, and not SaintPatricksDay, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available through the Services. SaintPatricksDay does not control the Content posted or transmitted using the Services and therefore does not guarantee the accuracy, integrity, or quality of such Content. You further understand and agree that by using the Services you may be exposed to Content that is offensive, indecent, or otherwise objectionable. Under no circumstances shall SaintPatricksDay be liable in any way for the Content including, but not limited to, the inappropriateness of its subject matter, any errors or omissions in it, or any loss or damage of any kind incurred as a result of the use of it whether posted, emailed, transmitted, or otherwise made available via the Services.
You understand and agree that by sending, posting, or otherwise providing Content to StPatricksDay.com, SaintPatricksDay.com, IrishMail.com, IrishBeat.com, and our other websites, you expressly grant SaintPatricksDay the right to publicly display such Content. You further understand and agree that any Content sent, posted, or otherwise provided to StPatricksDay.com, SaintPatricksDay.com, IrishMail.com, IrishBeat.com, and our other websites becomes part of the public domain, and can be used accordingly.
(7) PROHIBITED USE
You shall not, shall not agree to, and shall not authorize or encourage any third party to:
- use the Services to upload, transmit, or otherwise distribute any Content that is unlawful, inequitable, tortuous, libelous, invasive of another's privacy, threatening, vulgar, defamatory, harassing, abusive, fraudulent, obscene, racially objectionable, ethnically objectionable, contains viruses, trojan horses, or worms or is otherwise disabling or objectionable as reasonably determined by SaintPatricksDay;
- upload, transmit, or otherwise distribute content that infringes on another person or entity's intellectual property rights including, but not limited to, patent, trademark, trade secret, or copyrights or other proprietary, contractual, or fiduciary rights or obligations;
- prevent or interfere with others using or attempting to use the Services;
- harm or intended to harm minors in any way;
- impersonate any person or entity including, but not limited to, an official or employee of SaintPatricksDay, a state or federal agency or organization, financial institution or payment processor, or otherwise misrepresent your identity or affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation except as otherwise stated herein;
- upload, post, email, transmit, or otherwise make available any materials that contain software or other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or other telecommunications equipment;
- interfere with or disrupt the Services, servers, or networks connected to the Services or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
- violate or intend to violate, whether intentionally or unintentionally, any Applicable Law including, but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et. seq.);
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. § 1189);
- collect or store or seek to collect or store data about other users of the Services in connection with the prohibited conduct and activities in the Agreement;
- use the Services for any other fraudulent or inappropriate purpose.
(8) AUTHORIZATION TO PRE-SCREEN CONTENT
You understand and agree that SaintPatricksDay has the option, but is not required, to prescreen Content, and that SaintPatricksDay shall have the right, as a result of prescreening Content, to refuse, delete, deactivate, or move any Content that is: (a) available or stored using the Services; (b) violates this Agreement, or (c) is otherwise objectionable. You further understand and agree that you must evaluate and bear all risks associated with the use of any Content including any reliance on the accuracy, completeness, or usefulness of such Content.
(9) SHARING OF INFORMATION UNDER CERTAIN CIRCUMSTANCES
SaintPatricksDay reserves the right to access, read, preserve, and disclose any information it reasonably believes is necessary to: (a) satisfy any Applicable Law, legal process, or government request; (b) enforce this Agreement, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security, or technical issues; (d) respond to customer support requests; (e) respond to claims that any Content violates the rights of third parties; (f) establish or exercise its legal rights or defend against legal and/or equitable claims, or (g) protect the rights, property, or safety of SaintPatricksDay, its users, and the general public. SaintPatricksDay shall not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
(11) ACCOUNT, PASSWORD, AND SECURITY
You will receive an account and password if completing SaintPatricksDay's registration process, which are required for use of certain Services. You are responsible for maintaining the confidentiality of your account and password and are responsible for all activities that occur under your account or password. You agree to: (a) immediately notify SaintPatricksDay of any unauthorized use of your account or password or any other breach of security, and (b) ensure that you exit from your account at the end of each usage session. SAINTPATRICKSDAY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
(12) ACCOUNT INACTIVITY
After sixty (60) days or any other reasonable period of inactivity, SaintPatricksDay reserves the right to disable or terminate your password and account. If an account has been deactivated for inactivity, the email address associated with that account may be given to another user without notice to you or the other user. SAINTPATRICKSDAY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR ACCOUNT INACTIVITY.
(13) ACCOUNT PRACTICES
You understand and agree that SaintPatricksDay may establish general practices and limits concerning use of the Services including, but not limited to, the maximum number of days that email messages or other Content will be retained by the Services, the maximum number of email messages that may be sent from or received by an account on the Services, the maximum size of any email message that may be sent from or received by an account on the Services, the maximum disk space that will be allotted on SaintPatricksDay servers on your behalf, the maximum number of times and duration for which you may access the Services in a given period of time, the maximum number of available user profiles for use with the Services, and the maximum number of POP accounts from which messages or other Content may be sent from or received by the Services. You understand and agree that SaintPatricksDay has no responsibility or liability for the deletion or failure to store any messages, communications, or other Content maintained or transmitted by the Services. You further understand and agree that SaintPatricksDay reserves the right to modify these general practices and limits from time to time and without requirement that such changes be in writing or that notice be provided.
(14) PERSONAL USE
The Services are made available to you for PERSONAL USE ONLY. If you use the Services for any non-personal use, or if SaintPatricksDay has reason to believe you are using the Services for any non-personal use, SaintPatricksDay has the right to suspend or terminate your account and refuse any and all current or future use of the Services. SAINTPATRICKSDAY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
(15) INTELLECTUAL PROPERTY RIGHTS
- You understand and agree that SaintPatricksDay owns all rights, title, and interest in and to the Services and all software associated with the Services and, without limitation, all intellectual property rights as are protected by the United States and international intellectual property laws. As such, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Services or the software associated with the Services. You also understand and agree that you will not use any robot, BOT, spider, periodic caching of information stored by SaintPatricksDay, meta-searching or other automated device, or manual process to monitor or copy any content from the Services or the software associated with the Services.
- SaintPatricksDay does not claim any ownership in any Content that you upload, transmit, or store in your account.
- You understand and agree that Content contained in sponsor advertisements or information presented to you through the Services or by advertisers may be protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws and you shall not, in whole or part, modify, rent, lease, loan, sell, distribute, or create derivative works based on such advertisements, information, Services, and/or any necessary software used in connection with the Services.
(16) TRADEMARKS AND SERVICE MARKS
The IrishMail, IrishMail.com, SaintPatricksDay, LLC, SaintPatricksDay.com, StPatricksDay.com, IrishBeat.com, SaintPatricksDay Custom Shamrock Logo, SaintPatricksDay Custom Flag Logo, and IrishMail.com Custom Logo trademarks and service marks and other SaintPatricksDay logos, products, and service names are trademarks of SaintPatricksDay (the "SaintPatricksDay Marks"). Without SaintPatricksDay's prior written permission, you understand and agree not to use or display in any manner the SaintPatricksDay Marks.
(17) NO RESALE OF SERVICES
You understand and agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of the Services, use of the Services, or access to the Services.
(18) INTERACTIONS WITH ADVERTISERS
Your communications, business dealings, participation in promotions, and/or any other interactions with advertisers found on or through the Services ("Advertiser Interactions"), including payment and delivery of related goods and services, and any other terms, conditions, warranties, or representations associated with Advertiser Interactions are solely between you and such advertiser. You understand and agree that SaintPatricksDay shall not be responsible or liable for any loss or damage of any kind incurred as the result of such Advertiser Interactions.
(19) LINKS OR REFERENCES
SaintPatricksDay or third parties may provide links or make references to other internet sites and resources in connection with the Services. SaintPatricksDay has no control over such sites and resources and you understand and agree that SaintPatricksDay is not responsible for the availability, Content, advertising, products, goods, services, or other information available from such sites or resources. The inclusion of these links in no way indicates SaintPatricksDay's endorsement, support, or approval of these sites or resouces. You further understand and agree that SaintPatricksDay shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on such sites or resources.
Any opinions, advice, statements, services, offers, or other information expressed by third parties, including all information or Content providers, users, or others, are those of the respective third party and do not state or reflect the views, findings, or opinions of SaintPatricksDay.
(20) TECHNICAL CHANGES IN CONTENT
You understand and agree that in the technical processing and transmission of Content using the Services that Content may be transmitted over various non-SaintPatricksDay networks and that these non-SaintPatricksDay networks may modify, edit, or otherwise change Content to conform and adapt to technical requirements of these network's software, hardware, and other equipment.
(21) ENGAGING IN INTERSTATE COMMUNICATIONS
You understand and agree that by using the Services you will be causing communications to be sent over SaintPatricksDay and other various networks. As a result, communications that seem intrastate in nature can result in transmission of interstate communications regardless of where you or the receiving party are located at the time of transmission. As such, this Agreement is an acknowledgment and admission that use of the Services results in interstate communications.
You understand and agree to indemnify and hold harmless SaintPatricksDay and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any and all claims, demands, liabilities, expenses, suits, judgments, injunctions, attorney's fees, actual and consequential damages, and losses of every kind and nature made by any third party due to or arising out of Content you submit, post, transmit, or otherwise make available through the Services, your use of the Services, your connection to the Services, your violation of the Agreement, your violation of any Applicable Laws, or you violation of any rights of another.
(23) TERMINATION OR CANCELLATION
To the extent you obtain an account to use certain Services, you may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by using the "Cancel Account" button within the Services.
You understand and agree that a terminated account may continue to exist for ninety (90) business days before cancellation takes effect.
SaintPatricksDay may at any time, for any reason, at its sole discretion, and without notice, modify and/or terminate the Services, modify and/or terminate this Agreement, modify, suspend, terminate your account(s), and/or ban an individual or individuals from using its Services.
In the event of termination of an account, your account will be disabled and you may not be granted access to your account or any files or other Content contained in your account although residual copies of information may remain in SaintPatricksDay's system. Except as set forth above or unless SaintPatricksDay has previously canceled or terminated your use of the Services (in which case subsequent notice by SaintPatricksDay shall not be required), SaintPatricksDay will provide you with notice in accordance with Section 26 as soon as reasonably possible following termination. You understand and agree that SaintPatricksDay shall not be liable to you or any third party for any cancellation or termination of your account, any associated email addresses, or access to the Services.
(24) NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
In accordance with Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to a service provider's designated agent. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please see the following: Policy for Making Copyright and Intellectual Property Infringement Claims. Requests made of the designated agent not relevant to copyright infringement shall receive no response.
(25) NO THIRD PARTY BENEFICIARIES
You agree that there shall be no third party rights or third party beneficiaries created or conferred under this Agreement.
SaintPatricksDay may provide you with notice by email, regular mail, or posting to SaintPatricksDay.com or IrishMail.com for all issues related to the Services or the Agreement including any modification or revisions thereof. Notice provided to you by email or posting shall be deemed given and received on the transmission or posting date of the communication. If you do not consent to receive any notices electronically, you must immediately stop using the Services.
(27) CHOICE OF LAW & JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of Virginia without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal or equitable proceeding, or litigation arising in connection with the Services shall be brought solely in Loudoun County, Virginia or the United States District Court - Eastern District of Virginia Division, and you and SaintPatricksDay consent to the jurisdiction of such courts.
(28) ENTIRE AGREEMENT
This Agreement constitutes the complete and exclusive statement of agreement between you and SaintPatricksDay with respect to the Services and other subject matter herein and replaces and supersedes all prior written and oral agreements.
(29) WAIVER AND SEVERABILITY OF TERMS
The failure of SaintPatricksDay to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement as applied to any party or to any circumstances shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the parties nevertheless agree that the court should give effect to the parties' intentions as reflected in the provision. Such an adjudication shall in no way affect (to the maximum extent possible by law) any other provision of this Agreement, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of the Agreement as a whole.
(30) NO RIGHT OF SURVIVORSHIP AND NON-TRANSFERABILITY OF ACCOUNT
You understand and agree that your account is non-transferable and any rights to your account or Content within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein deleted.
(31) STATUTE OF LIMITATIONS
You understand and agree that regardless of Applicable Law to the contrary, any claims, demands, suits, and injunctions of any kind and nature must be filed within one (1) year after such claim, demand, suit, or injunction arose or it shall be forever barred.
(32) ASSIGNMENT OF AGREEMENT
SaintPatricksDay may assign this Agreement, in whole or in part, at any time with our without notice to you. You understand and agree that you may not assign this Agreement, or any part or it, to any other person or entity. Any attempt by you to do so is void and unenforceable. Further, you may not transfer to any person or entity, either temporarily or permanently, any rights to use the Services or any part of the Services.
(33) SECTION HEADINGS
All headings herein are inserted only for convenience and ease of reference and are not to be considered in the interpretation of any provision of this Agreement.
(34) REPRESENTATIONS AND WARRANTIES
You represent and warrant that you have all the necessary rights, power, and authority to enter into this Agreement and to perform the acts required of you herein.
(35) DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS. SAINTPATRICKSDAY AND ITS SUBSIDIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- SAINTPATRICKSDAY AND ITS SUBSIDIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THOROUGH THE USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS.
(36) LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SAINTPATRICKSDAY AND ITS SUBSIDIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR INJUNCTIVE, OR OTHER RELIEF INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SAINTPATRICKSDAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE SERVICES;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE USE OR FROM THE SERVICES;
- UNAUTHORIZED ACCESS TO OR ALTERNATION OF YOUR TRANSMISSION OR DATA;
- ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS STATED IN THE AGREEMENT MAY NOT APPLY TO YOU.