This page states the Terms and Conditions under which you (the "User") may use the Site. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use the Web Site. MCD PRODUCTIONS LIMITED ("MCD") may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you.
Section 1. Use of Material
MCD authorises you to view and download a single copy of the material 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.]
The contents of the Site, such as text, graphics, images, 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 and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. 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 must immediately destroy any copies you have made of the Material.
Section 2. MCD'S Liability
The Material may contain inaccuracies or typographical errors. MCD 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.
MCD 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.
MCD 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 GOODS. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, MCD IS NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. MCD AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND ANY WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. MCD AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS.
Section 3. Disclaimer of Consequential Damages
IN NO EVENT SHALL MCD, 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 WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MCD 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.
By posting communications to the Web Site, you automatically grant MCD a royalty-free, perpetual, irrevocable non-exclusive 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 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 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 a Service 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.
MCD 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.
MCD 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 this Agreement, MCD may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of the communication. MCD has no liability or responsibility to Users for performance or non-performance of such activities. While MCD does not systematically monitor User postings on the Site, MCD 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.
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 MCD of the contents on such third party Web Sites. MCD 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.
MCD 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 MCD gives its consent to the establishment of such links. Notwithstanding the foregoing, MCD 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. Purchases from linked Web Sites
MCD provides links from the Site to third party merchants such as CD and ticket sales merchants, Dancing Paul.com, Soundout.net, dmgdirect.com, Ticketmaster.ie ("Vendors"). User's correspondence with or participation in, or dealings with, 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. MCD 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 this Site, and by agreeing to be bound with the Vendor by the Vendor Terms, you acknowledge that the Vendors (and not MCD) 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 the merchandise or fulfillment of delivery thereof and its quality, suitability and fitness for purpose shall be directed to the Vendors and you acknowledge that MCD, and its affiliates, related or subsidiary companies shall have no responsibility, obligations or liability in relation to such merchandise.
Section 7. Software Licences
All software that is made available for downloading from the Site ("Software") 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 8. Limitation of Liability
Unless otherwise expressly provided in a [Software Licence or Legal Notice], the aggregate liability of MCD to you for all claims arising from the use of the Site or Materials (including Software) is limited to EUR€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 9. Indemnity
You agree to defend, indemnify, and hold harmless MCD, 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. MCD 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 10. 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 11. User Information
Section 12. General
The Site is controlled by MCD MANAGEMENT SERVICES LIMITED from its location within Ireland. MCD makes no representation that the Material is appropriate or available for use in other locations, and access to the Site from territories where its content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
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, MCD 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 MCD 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 MCD with respect to the use of the Site. Any changes to this Agreement will be posted on the Site and will take immediate effect.
MCD 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.
© COPYRIGHT MCD PRODUCTIONS LIMITED 2007. ALL RIGHTS RESERVED.