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1.
Definitions.
"WestCorkTravel.com" is the interactive
on-line service operated by MC,
consisting of information services and content provided by
MC, affiliates of
MC and other third parties.
"Subscriber" means each person who establishes or accesses a
connection ("Account") for access to and use of
WestCorkTravel.com.
2. Changed Terms.
MC shall have the right at
any time to change or modify the terms and conditions applicable to
Subscriber's use of WestCorkTravel.com, or
any part thereof, or to impose new conditions, including, but not
limited to, adding fees and charges for use. Such changes,
modifications, additions or deletions shall be effective immediately
upon notice thereof, which may be given by means including, but not
limited to, posting on WestCorkTravel.com,
or by electronic or conventional mail, or by any other means by which
Subscriber obtains notice thereof. Any use of
WestCorkTravel.com by Subscriber after such notice shall be
deemed to constitute acceptance by Subscriber of such changes,
modifications or additions.
3.
Subscriber Conduct.
(A) Subscriber
shall use
WestCorkTravel.com
for lawful purposes only. Subscriber shall not post or transmit
through
WestCorkTravel.com
any material which violates or infringes in any way upon the rights
of others, which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane or
otherwise objectionable, which encourages conduct that would
constitute a criminal offense, give rise to civil liability or
otherwise violate any law, or which, without
Mercury
Creations's express prior approval, contains advertising or
any solicitation with respect to products or services. Any conduct
by a Subscriber that in
Mercury
Creations's discretion restricts or inhibits any other
Subscriber from using or enjoying WestCorkTravel.com will not be
permitted. Subscriber shall not use WestCorkTravel.com to advertise
or perform any commercial solicitation, including, but not limited
to, the solicitation of users to become subscribers of other on-line
information services competitive with WestCorkTravel.com.
(B)
Subscriber shall not upload, post or otherwise make available on
WestCorkTravel.com any material protected by copyright, trademark or
other proprietary right without the express permission of the owner
of the copyright, trademark or other proprietary right and the
burden of determining that any material is not protected by
copyright rests with Subscriber. Subscriber shall be solely liable
for any damage resulting from any infringement of copyrights,
proprietary rights, or any other harm resulting from such a
submission. By submitting material to any public area of
WestCorkTravel.com, Subscriber automatically grants, or warrants
that the owner of such material has expressly granted Mercury
Creations the royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish,
translate and distribute such material (in whole or in part)
worldwide and/or to incorporate it in other works in any form, media
or technology now known or hereafter developed for the full term of
any copyright that may exist in such material. Subscriber also
permits any other Subscriber to access, view, store or reproduce the
material for that Subscriber's personal use. Subscriber hereby
grants MC the right to edit, copy, publish and
distribute any material made available on WestCorkTravel.com by
Subscriber.
4. Disclaimer of Warranty; Limitation of
Liability.
(A) SUBSCRIBER
EXPRESSLY AGREES THAT USE OF WESTCORKTRAVEL.COM IS AT SUBSCRIBER'S
SOLE RISK. NEITHER MC, ITS AFFILIATES NOR ANY OF
THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR
LICENSORS WARRANT THAT WESTCORKTRAVEL.COM WILL BE UNINTERRUPTED OR
ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED FROM USE OF WESTCORKTRAVEL.COM, OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE
PROVIDED THROUGH WESTCORKTRAVEL.COM.
(B)
WESTCORKTRAVEL.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN
THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS
AGREEMENT.
(C) THIS
DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY
ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF
CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF
ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT MC
IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM
THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO
EVENT WILL MC, OR ANY PERSON OR ENTITY INVOLVED IN
CREATING, PRODUCING OR DISTRIBUTING WESTCORKTRAVEL.COM,
BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE WESTCORKTRAVEL.COM.
SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION
SHALL APPLY TO ALL CONTENT ON WESTCORKTRAVEL.COM.
(E) IN
ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, MC,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL
BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS,
INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR
UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN
WESTCORKTRAVEL.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE
TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES
ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING
PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY
NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR
CONSEQUENTIAL DAMAGES. THERE ARE NO WARRANTIES AS TO THE
RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
5. Monitoring.
MC shall have the right, but not the obligation, to
monitor the content of WestCorkTravel.com, including chat rooms and
forums, to determine compliance with this Agreement and any operating
rules established by MC and to satisfy any law,
regulation or authorized government request. MC shall
have the right in its sole discretion to edit, refuse to post or
remove any material submitted to or posted on WestCorkTravel.com.
Without limiting the foregoing, MC shall have the right
to remove any material that MC, in its sole discretion,
finds to be in violation of the provisions hereof or otherwise
objectionable.
6. Indemnification.
Subscriber agrees to defend, indemnify and hold harmless Mercury
Creations, its affiliates and their respective directors, officers,
employees and agents from and against all claims and expenses,
including attorneys' fees, arising out of the use of
WestCorkTravel.com by Subscriber or Subscriber's Account.
7. Termination.
Either MC or Subscriber may terminate this Agreement at
any time. Without limiting the foregoing, MC shall have
the right to immediately terminate Subscriber's Account in the event
of any conduct by Subscriber which MC, in its sole
discretion, considers to be unacceptable, or in the event of any
breach by Subscriber of this Agreement.
8. Trademarks.
MC , WestCorkTravel.com and each of their logos are
trademarks of MC. All rights
reserved. All other trademarks appearing on WestCorkTravel.com are the
property of their respective owners.
9. Third Party Content.
MC is a distributor (and not a publisher) of content
supplied by third parties and Subscribers. Accordingly, Mercury
Creations has no more editorial control over such content. Any
opinions, advice, statements, services, offers, or other information
or content expressed or made available by third parties, including
information providers, Subscribers or any other user of
WestCorkTravel.com, are those of the respective author(s) or
distributor(s) and not of MC. Neither MC
nor any third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content, nor its merchantability or
fitness for any particular purpose.
In many
instances, the content available through WestCorkTravel.com represents
the opinions and judgments of the respective information provider,
Subscriber, or other user not under contract with MC.
MC neither endorses nor is responsible for the accuracy
or reliability of any opinion, advice or statement made on
WestCorkTravel.com by anyone other than authorized MC
employee spokespersons while acting in their official capacities.
Under no circumstances will MC be liable for any loss
or damage caused by a Subscriber's reliance on information obtained
through WestCorkTravel.com. It is the responsibility of Subscriber to
evaluate the accuracy, completeness or usefulness of any information,
opinion, advice or other content available through WestCorkTravel.com.
Please seek the advice of professionals, as appropriate, regarding the
evaluation of any specific information, opinion, advice or other
content.
10.
Copyright.
© MC
2007- 2017. All rights reserved. Users may
download and print extracts of content from this website for their own
personal and non-commercial use only. Republication or redistribution
of content, including by framing or similar means, is expressly
prohibited without the prior written consent of
MC.
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