dublin.ie Terms of Use

Effective Date: 28/06/10

Introduction

Thank you for visiting Dublin.ie ("the site"). Please read these terms of use carefully as they form a legally binding contract between you and Dublin City Council.

By registering with us or by viewing or using the site you acknowledge that you have read and understood these terms of use and agree to be bound by them. If you do not agree you may not use this site.

Who may use the site

The site is not intended for children younger than 13 and is offered only to users 13 years of age or older. If you are under 13 years old, you may not register with us or use the site. Any person who registers with us represents that they are 13 years of age or older.

We recommend that minors aged 13 years of age or older ask their parents or legal guardians for permission before using the site or sending any information about themselves to anyone over the Internet. We cannot guarantee that all material on the site will be suitable for minors.

Privacy and personal information

Some parts of the site may require you to provide certain personal details. You agree to provide true, complete, current and accurate information where requested and to maintain and promptly update this information in the event of any change.

We take your privacy seriously. Please review our Privacy Policy for details of how we collect, store and use your personal information.

Changes to terms of use

We may change these terms of use from time to time at our sole discretion and without prior notice. We will place notifications of any changes on the Latest Updates page; however it is your responsibility to regularly review these terms of use for modifications. By continuing to use the site you agree to be bound by the amended terms of use.

Your account

When you register with the site you will be asked to select a username and password.

Usernames

You may not select a username that:

We reserve the right to change usernames at our discretion.

Passwords and security

We reserve the right to log off, deactivate or delete accounts that are inactive for an extended period of time.

You agree not to use the account or password of another user and not to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorised use of your account or access to your password.

You may change your password or profile by following instructions on the site.

We will not be liable for any loss that you may incur as a result of someone else using or accessing your password or account, either with or without your knowledge.

You may be held liable for losses incurred by us or any other party as a result of someone else using or accessing your password or account if you have not taken reasonable steps to keep your password or account secure.

Termination of accounts

We may at our absolute discretion refuse you access to the site, delete posts by you or suspend/terminate your account without prior notice for any reason and you shall not be entitled to any compensation in respect of this.

These terms of use, including in particular indemnities, shall survive any suspension or termination of your account.

Your use of the site

The site is made available for your personal, non-commercial use only, except where we otherwise specify.

Recognising the global nature of the Internet, you agree to comply with all laws which may apply to you including but not limited to those regarding acceptable content, online conduct and the export of data.

In particular, you agree not to attempt to gain unauthorised access to the site administrative areas or interface, to user accounts, computer systems or networks connected to the site, through password mining or any other means or to post irrelevant material, repeatedly post the same or similar material or otherwise impose an unreasonable or disproportionately large load on the site servers or infrastructure.

Failure to adhere to any of these terms of use may result in deletions of posts, suspension of posting privileges, and/or complete banning.

Your Posts

We are not responsible for and do not endorse the contents of user posts. You are entirely responsible for material which you post.

You agree not to post any material which:

By posting any material to Dublin.ie, you grant us a licence to use, modify, publicly perform, publicly display, reproduce, and distribute such material. The license you grant to us is perpetual, non-exclusive, royalty free and fully paid, sub-licensable, and worldwide. You also waive to the fullest extent permissible by law any moral rights in such material. You are responsible for making sure that you have all rights to what you post, including the rights necessary for you to grant the licence above.

By posting any material to Dublin.ie you represent and warrant that: (i) you own the material posted by you or otherwise have the right to grant the licence above, and (ii) the posting of the material does not violate the privacy rights, publicity rights, copyright, contract rights or any other rights of any person. You agree to pay for all royalties, fees, or any other monies owing any person by reason of any material posted by you.

Email

You agree that we may establish limits on the use of the email service, including but not limited to the number of days emails will be retained, the number of emails that can be sent or received, the maximum size of each email, the maximum storage space available, and the maximum duration and number of times for access to each account in a given period. At present, accounts and email are deleted after 18 months of no detected login.

You agree that we have no responsibility or liability for deletion of or failure to store any emails, messages or other communications or other content.

We will immediately terminate any account which we believe to be engaged in sending spam or other unsolicited bulk email.

You agree that should your account be terminated for any reason we are not obliged to forward any messages to you or to any third party.

Intellectual property

All intellectual property rights in the website design, text, graphics, the selection and arrangement thereof and all software are the property of Dublin City Council unless otherwise indicated. All rights reserved.

You agree not to reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the material on Dublin.ie without our prior permission.

Links to other websites

Dublin.ie contains links to websites operated by third parties over which we have no control. These links are provided for your convenience only and do not amount to an endorsement or recommendation of those sites. We accept no liability in relation to those sites and should you choose to access third party sites you do so at your own risk.

Advertising

We may serve advertisements on the site or work with a third party to do so. We do not control the contents of such advertisements and the inclusion of advertising does not indicate any endorsement by us of any advertiser or affiliation with them. You agree that we shall not be liable in respect of any loss or damage incurred as the result of any advertisement or any dealings by you with any advertiser or third party.

Third party services

We may embed third party services – such as mapping services – on the site to improve the user experience. Please note that if you choose to use such services you may become subject to additional terms of use with the service provider.

Availability of service

We may at our sole discretion and at any time discontinue temporarily or permanently Dublin.ie or any part thereof, including the email service, with or without notice.

You agree that any termination of access to the site under any provision of these terms of use may be effected without notice, and acknowledge and agree that we 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 site.

Dublin.ie may be temporarily unavailable from time to time for maintenance or other reasons. We accept no responsibility for any error, omission, interruption, deletion, defect, delay in transmission, communication line failure, theft or destruction or unauthorized access to, or alteration of user communications.

Where possible, we will use reasonable efforts to give users fair notice of technical difficulties or termination or suspension of their access to Dublin.ie. However you agree that we shall not be liable to you or any third party for any inability to access the site, termination or suspension of access to the site or modification of the service provided.

Site searching, indexing and screenscraping

You agree not to modify, adapt, translate, or reverse engineer any portion of the site, nor to use any robot, spider, site search/retrieval application, or other device to retrieve, index or screenscrape any portion of the site, except as expressly authorised in writing by us. You agree not to reformat or frame any portion of the site. You agree to respect and follow the restrictions imposed by the Dublin.ie robots.txt file.

Disclaimer and Waiver

We do not make any warranty or representation as to the accuracy or completeness of the information contained on this site. Material posted on the site is not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such material by any user, or by anyone who may be informed of any of its contents.

Although rigorous protocols are applied to the website we do not make any warranty that the website is free from infection by viruses or anything else that has contaminating properties.

Under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Under no conditions and in no event shall we be liable for any direct or indirect, incidental, consequential, special or exemplary damages or loss howsoever arising, (including but not limited to negligence or breach of these terms of use or otherwise) or for any loss of data, profit, revenue, goodwill or business howsoever caused even if that loss or damage was foreseeable by us, or the possibility of it was brought to our attention.

You acknowledge that your use of Dublin.ie including any material downloaded or otherwise obtained through the site is at your own discretion and risk and you agree to waive to the fullest extent permissible by law any right to bring any claim or action against Dublin City Council or our successors, assigns, officers, employees and agents for any loss, damage or injury arising from such use.

Indemnity

You agree to indemnify, defend (at our request) and hold harmless Dublin City Council, our successors, subsidiaries, affiliates, co-branders, contractors, employees, contributors, third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any claim, demand, loss, damage, cost, or liability including reasonable legal expenses, made or brought by any third party due to or arising out of:

Information society service provider

You agree and acknowledge that we are an information society service provider, as defined in Directive 2000/31/EC and transposed into Irish law by the European Communities (Directive 2000/31/EC) Regulations, 2003 (S.I. 68 of 2003), and that we are not under any obligation to monitor the information which we transmit or store. You agree and acknowledge that we shall not be liable in respect of information which is hosted or cached by us or in respect of which we act as a mere conduit.

Entire agreement / No waiver

These Terms of Use make up the entire agreement between you and Dublin City Council and supersede any prior agreement. Any amendment to or waiver of this agreement must be in writing and signed by our authorised representatives. Failure to enforce any provision of this agreement shall not amount to a waiver of such provision.

No partnerships/joint ventures

Nothing in these Terms of Use shall be construed as forming a partnership or joint venture with you. No third party company will have the right or ability to create any obligation on our behalf.

Assignment

You agree that you may not assign any right or delegate any duty under these terms of use without our prior written consent and any attempted assignment or delegation without such consent shall be void. We shall be entitled to assign these terms of use and where we do so they will inure for the benefit of our successors and assigns.

Governing law and choice of forum

The agreement shall be governed by Irish Law and you consent to the exclusive jurisdiction of the Irish courts in all matters regarding this agreement and your use of the site.

Severability

If any provision of these terms of use is found to be unenforceable the remaining provisions will continue to be of full force and effect.

Complaints procedure

Any abuse of Dublin.ie including any violation of these terms of use should be reported immediately to the Dublin.ie helpdesk.