Address:--
Club
Wireless Europe Limited
4 French Church Street
, Top Floor,
Cork
,
Republic
of
Ireland
E-MAIL :
info@clubw.tv
Contact
Numbers & Addresses
TELEPHONE
ENQUIRIES
Tel:
+353 (0)87 9910679
Complaints
or comments should also be directed to the above email address.
Terms
and Condition
1.
Introduction
These Terms and
Conditions are provided by Club Wireless Europe Limited (the
"Company") and govern your use of the online social networking
service (the "Social Network") accessible through www.mymunster.com.
By using the Social Network, you accept and agree to be legally bound by
these Terms and Conditions and by the Company's general website terms and
conditions available on www.mymunster.com.
Please read them carefully as they contain important information regarding
your legal rights, remedies and obligations. If you do not read these
Terms and Conditions, you should not use the Social Network. The Company
reserves the right from time to time to make changes to these Terms and
Conditions without notice and at its absolute discretion.
2.
Definitions
This section will
equally apply to terms contained in the Privacy Statement and to the
Competition Terms and Conditions. Unless the context clearly indicates
otherwise, the following words and terms shall have the following
meaning:
"Account"
means a Member's notional account maintained on the Social Network to
enable that Member to enter the Competition;
"Company"
means Club Wireless Europe Limited, a company registered in Ireland and
whose registered office is at 4 French Church Street, Cork, Republic of
Ireland;
"Competition"
means any competition ran by the Company through the Social Network;
"Competition
Terms and Conditions" means any rules, terms and conditions
issued by the Company in addition to the Terms and Conditions which
apply to participation in any Competition;
"Contents"
means any data, text, information, graphics, logos, photos, icons,
images, profiles, data compilations, audio and video clips, links,
downloads, and software;
"Intellectual Property" means any and all patents, registered
trademarks, registered designs, applications for any of the foregoing,
trade and business names, unregistered trademarks, logos, know-how, user
interface designs, product raodmaps, trade secrets, copyrights, rights
in designs, inventions, rights under licences and consents in relation
to any such rights, and rights of the same or similar effect or nature,
together with all goodwill attaching or relating thereto, in any part of
the world (whether or not capable of protection by registration);
"Member" means any person who has completed
registration and who is eligible according to the criteria in these
Terms and Conditions to use the Social Network and whose Account has not
been terminated, cancelled, suspended or closed;
"Privacy
Statement" means the policy established by the Company in
respect of the use and storage of a User's personal information;
"Registration"
means the process of opening an Account on the Social Network;
"Site"
means the URL www.mymunster.com through which the Company offers its
online social network services;
"Social
Network" means the Company's online social network services
accessible through the Site;
"System"
means the computer system established and operated by the Company for
the purpose of registering Members, facilitating entries into the
Competition and holding Competition information;
"Terms and
Conditions" means any rules, terms and conditions issued by the
Company which apply to use of the Social Network;
"User"
means any person who enters the Site;
3.
Status of these Terms and Conditions
3.1 Conflict
To the extent that
any conflict may arise between these Terms and Conditions, the
Competition Terms and Conditions or the Privacy Statement, priority
shall be afforded in descending order as follows:-
(a) Terms and
Conditions
(b) The Competition Terms and Conditions
(c) The Privacy Statement.
3.2 Variation
The Company
reserves the right to vary the Social Network or the Terms and
Conditions for any reason, without notice, without incurring liability
to any party whatsoever. Such changes shall be binding on Members and
will take effect immediately on posting the revised Terms and Conditions
on the Social Network. You are responsible for regularly reviewing these
Terms and Conditions so as to be aware of any changes.
4. MEMBER ELIGIBILITY
& REGISTRATION
4.1 Eligibility
You must be 16
years or older to use the Social Network. By completing registration on
the Social Network, you represent and warrant that you are 16 years or
older and that you have the capacity to understand, agree to and comply
with these Terms and Conditions.
4.2
Registration
During the course
of Registration you will be required to supply to the Company your name,
date of birth, email address and any other such information as the
Company may deem necessary from time to time. All such information
provided by you must be true, accurate and complete. You will also be
asked to select a username and password. On successful completion of
Registration your Account will be opened and you will receive a
confirmation email to the email address provided during registration.
4.3 Password
You will be
responsible for all activities occurring under your username and for
keeping your password secure. The Company reserves the right to refuse
to grant you a username that is offensive or protected by trademark, or
for any other reason that the Company sees fit.
5. OPERATION OF
MEMBER'S ACCOUNT
5.1 Conduct
The Social Network
is intended for your personal use only. Any illegal or unauthorised use
of the Social Network is strictly prohibited. Commercial entities are
not permitted to use the Social Network for any purpose whatsoever. You
are solely responsible for your conduct on the Social Network and the
Contents that you post on the Social Network. The utmost care and
attention must be used at all times when posting Contents on the Social
Network.
The Company may,
but shall have no obligation to, remove Contents that it determines in
its sole discretion to be unlawful, fraudulent, threatening, libellous,
defamatory, obscene or otherwise objectionable, or infringes these Terms
and Conditions.
Members and/or
Users are not permitted to:
(a) copy,
disclose, transmit or otherwise make available or remove or alter any
material available on the Social Network;
(b) reverse
engineer or decompile (whether in whole or in part) any software used in
connection with the Social Network (except to the extent permitted by
applicable law);
(c) remove,
obscure or change any copyright, trademark or other intellectual
property right notices contained in any material on the Social Network.
(d) modify, adapt,
translate or reverse engineer the Social Network or any part of it;
(e) use any robot,
spider, site search/retrieval application, or other device to retrieve
or index any portion of the Social Network;
(f) collect any
information about other Members (including usernames or email addresses)
for unauthorised purposes;
(g) reformat or
frame any portion of the web pages that are part of the Social Network;
(h) create
Accounts by automated means or under any false or fraudulent pretence;
(i) create or
transmit unwanted electronic communications such as spam or chain
letters to other members or otherwise interfere with another Members
enjoyment of the service;
(j) submit
Contents of any third party without such third party's prior written
consent;
(k) direct any
Member to any Contents of any third party without such third party's
prior written consent;
(l) submit
Contents that falsely express or imply that such Contents are sponsored
or are endorsed by the Company;
(m) submit
Contents that infringe, misappropriate or violate the Intellectual
Property, publicity, privacy or other proprietary rights of any party;
(n) transmit any
viruses, worms, defects, Trojan horses or other items of a destructive
nature;
(o) submit
Contents that are unlawful, defamatory or promote or encourage illegal
activity; or
(p) submit false
or misleading information.
The Company
prohibits such conduct and Contents detailed above however by accepting
these Terms and Conditions, you indicate that you understand and agree
that you may be exposed to such conduct and Contents and that you use
the Social Network entirely at your own risk.
5.2
Termination, Variation and Suspension of Accounts
You may terminate
your Account at any time which will result in the removal of your
Account and other personal information from view on the Social Network.
All proprietary rights, disclaimer of warranties, indemnities,
limitations of liability and miscellaneous provisions survive any
termination of your Account.
The Company may
terminate, vary or suspend use of the Social Network and Accounts
immediately without notice:-
(a) on breach of
these Terms and Conditions or the Competition Terms and Conditions;
(b) if information
provided during the course of Registration is provided fraudulently, or
is inaccurate or incomplete;
(b) for repair or
maintenance work or in order to upgrade the System; or
(c) if the Company
ceases to offer the Social Network, or
(d) for any other
reason the Company deems fit.
6. PRIVACY
The Company's use of
your personal information is governed by our Privacy Statement and you
should read this before you use the Social Network. By accepting these
Terms and Conditions you understand and agree that the Company may access
and disclose your personal information and your Account, if required by
law or if in the reasonable opinion of the Company such access or
disclosure is reasonable necessary to protect the rights and property of
the Company or its affiliates.
By accepting these
Terms and Conditions, you automatically grant the Company a worldwide,
non-exclusive, sub-licensable, transferable, royalty-free, perpetual,
irrevocable right to copy and distribute, create derivative works of,
publicly perform or display any Contents posted by you on the Social
Network. The Company will not disclose your personal information to any
third party for marketing purposes without your express consent however
any information contained on the Social Network may be made available to
Munster Rugby or other third parties, provided it is used in accordance
with the purpose for which it was provided and will only be retained for
as long as it is required for that purpose.
7. ELECTRONIC COMMUNICATIONS
When you use the
Social Network or send e-mails to the Company, you automatically consent
to communicating with the Company via electronic means. All agreements,
notices, disclosures and other communications that the Company may send to
you via electronic means are deemed to satisfy any legal requirement that
such communication need be in writing.
8. COPYRIGHT AND
INTELLECTUAL PROPERTY
Any Contents on the
Social Network is the property of the Company or its affiliates and is
protected by copyright laws both in Ireland and internationally. No Member
or any third party may re-use or extract any part of the Contents of the
Social Network for any reason whatsoever without the Company's express
written consent.
All Intellectual
Property used on the Social Network is and shall remain at all times the
property of the Company, its affiliates and its licensors and these
parties retain all rights, title and interest in any Intellectual Property
contained on the Social Network. Nothing in these Terms and Conditions
shall be construed as conferring by implication, estoppel or otherwise,
any licence or right whatsoever on any party in relation to Intellectual
Property contained on the Social Network.
It is the policy of
the Company to respond to notices of alleged infringement of copyright. If
you believe that your copyright has been infringed on the Social Network,
you may contact the Company immediately and the Company will investigate
the matter and where appropriate remove the offending Contents.
9. WARRANTIES AND
INDEMNITY
9.1 Warranties
By accepting these
Terms and Conditions you warrant that you will only use the Social Network
in accordance with these Terms and Conditions and in an appropriate and
lawful manner and that you shall not (nor shall you authorise or permit
any other party to):
(a) receive,
access or transmit any Contents which is obscene, pornographic,
threatening, racist, menacing, offensive, defamatory, in breach of
confidence, in breach of any Intellectual Property right or otherwise
objectionable or unlawful;
(b) knowingly or
recklessly transmit any content (including, without limit, viruses)
through the Site which shall cause, or be likely to cause, detriment
or harm, in any degree, to computer systems owned by the Company or
others; or
(c) hack into,
make excessive traffic demands on or cause impairment of the functions
of any computer system, deliver or forward chain letters, "junk
mail" of any kind, surveys, contests, pyramid schemes or
otherwise engage in any behaviour intended to inhibit others use of
the Social Network or any other website, or which is otherwise likely
to damage the reputation or business of the Company or any third
party.
By accepting these
Terms and Conditions you acknowledge and agree that you have not relied
on, and shall have no remedy in respect of, any statement,
representation, warranty or understanding, whether negligently or
innocently made, by any party whether or not such party is a party to
these Terms and Conditions.
9.2 Exclusions
The Company makes
no representations or warranties of any kind, express or implied, as to
the data it receives from Members or third parties. By accepting these
Terms and Conditions you expressly agree that your use of the Social
Network is entirely at your own risk. The Social Network is available on
an "as is" and "as available" basis.
The Company does
not and can not warrant that the Social Network, its servers, or any
email correspondence sent from the Company are free from viruses or
other harmful components. The Company will not be liable for any damages
of any kind arising from the use of the Social Network, including, but
not limited to direct, indirect, incidental, punitive and consequential
damages to Members, any third parties or otherwise.
9.3 Indemnity
By accepting these
Terms and Conditions you hereby indemnify the Company, its subsidiaries,
affiliates, officers, agents, partners and employees from any liability
or third party claim or expense arising from any legal proceedings,
demand or claim, loss or damage including reasonable legal fees, arising
from a breach by you of these Terms and Conditions or in connection with
your use of the Social Network or violation of any rights of another. In
such a case the Company will provide you with written notice of such
claim or action.
10. LIABILITY
10.1
Without prejudice to the above clauses, the Company shall not in any
circumstances be liable for any loss of whatsoever nature including but
not limited to loss of profits, indirect, special or consequential loss,
suffered or incurred by you, any Member, or any other third party due to
the termination of the Social Network by the Company or from
participation or non-participation of any person in the Social Network.
Such limitation of liability shall apply where damages arise from use or
misuse of and reliance on the Social Network, from inability to use the
Social Network, or from the interruption, suspension, or termination of
the Social Network (including such damages incurred by third parties).
10.2 In
particular, but without prejudice to the generality of 10.1, the Company
shall not be liable to any person:
(a) for any
event beyond the Company's reasonable control including, but not
limited to any act of God, war, strike, lockout, industrial action,
fire, flood, drought, tempest, power cut and/or failure or obstruction
of any network, broadcasting or telecommunications service;
(b) for the
failure of, damage or destruction to, or any errors caused by the
Company's Systems, or any part thereof;
(c) for delays,
losses, errors or omissions of the postal or other delivery service;
(d) for any
other action or event which prevents or hinders the use of the Social
Network;
(e) for refusing
to provide access to the Social Network to any person in accordance
with the relevant Terms and Conditions;
(f) for any
losses caused by the Members including misuse or unauthorised use of
the Password,
(g) for money
lost by using the Social Network and failure or malfunction of the
equipment or technology of the Member or his internet service provider
(h) for any loss
or damage of any kind caused to any person or entity whatsoever
arising out of the Contents on the Social Network by any party.
10.3 The
Company, its affiliates, licensors, partners, suppliers, consultants and
agents disclaim all responsibility or liability for the accuracy,
content, completeness, legality, reliability, or operability or
availability of information or Contents displayed on the Social Network.
The Company disclaims any and all responsibility and liability for the
conduct of any Member.
10.4 In any
event the Company's entire liability in respect of any breach of
obligations, warranties, representation, statement or tortuous act or
omission including negligence arising under or in connection with
these Terms and Conditions shall be limited to €1.00.
11. MISCELLANEOUS
The Company will
protect the security of your information against unauthorised access and
use of information and materials which are commercially sensitive by
using appropriate measures.
11.1 Waiver
Any waiver of any
provision of these terms and conditions must be in writing and signed by
the Company to be valid. A waiver of any provision hereunder shall not
operate as a waiver of any other provision, or a continuing waiver of
the same provision in future.
11.2
Severability
If any court of
competent jurisdiction finds any provision of the Terms and Conditions
to be void or unenforceable for any reason, such provision shall be
ineffective only to the extent of the court's finding and without
affecting the validity and enforceability of any of the remaining
provisions.
11.3 Contact
Details
Club Wireless
Europe Limited
Top Floor
4 French Church Street
Cork
Republic of Ireland.
Email : info@clubw.tv
11.4 Entire
Agreement
These Terms and
Conditions constitute the entire agreement between you and the Company
with respect to the Social Network and supersedes and replaces all prior
agreements, written or oral, in relation to the Social Network.
11.5 Notices
The Company may
provide you with notices regarding the Social Network or these Terms and
Conditions via regular mail, email, or postings to the Social Network.
12.
GOVERNING LAW
These Terms and
Conditions and any dispute of whatsoever nature that may arise between you
and the Company shall be governed by the laws of the Republic of Ireland.
You hereby irrevocably submit to the exclusive jurisdiction of the courts
of Ireland.
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