Irish Examiner Election 2011

1) Freedom of comment

The Irish Examiner and BreakingNews.ie (the Publishers) encourage a wide exchange of information, news, and opinion. We intend to stimulate strong, lively, and intelligent debate consistent with the principles of free and fair speech.

In order to achieve this, there will be limited intervention from the Publishers in the flow of views from information posted to the comments area by users ("User Generated Content"/"UGC").  We do not proactively monitor or filter the UGC published by users. Each individual must therefore be aware of their responsibilities under these Terms and Conditions.

Access to and use of any forum (including comments on articles and Blogs) on our websites is subject to these terms and conditions which set out a legally-binding agreement between you and the Irish Examiner and BreakingNews.ie. Please read this document in its entirety.

By using this website and the contents and services available on it at www.irishexaminer.com and/or www.breakingnews.ie you agree to be bound by these terms and conditions. If you do not intend to be bound by them, or any future terms and conditions, then you should not use or access, or continue to use or access this website.

These terms apply to your use of the website and all content from the Irish Examiner and breakingnews.ie irrespective of the delivery platform or device you use to access it. If you use The Irish Examiner or breakingnews.ie websites in the course of your business or work, you are also agreeing to these terms and conditions on behalf of that business.

If you are not authorised to agree to these terms and conditions on behalf of your business or work we advise against the use of The Irish Examiner website or of breakingnews.ie or any of the content on them . If you have queries please contact our support desk at editorialfeedback@tch.ie . We recommend that you keep a copy of these terms and conditions for your own records.

We make these terms and conditions available in English only. If you do not fully understand the terms and conditions, we advise against the use of the Irish Examiner website or the breakingnews.ie website or any of the content available on them.

2) Prohibited use:

This website includes a comments facility which is facilitated through IntenseDebate.com and which allows interaction between users and between users and Irish Examiner and breakingnews.ie journalists (the "Facility"). The information posted to the comments area by users is described as "User Generated Content" or "UGC."

If you wish to view or participate in our comments area you must comply with any specific rules posted on the website and these Terms and Conditions.

You must own or have the right to submit content for publication on our website. You will retain ownership of the copyright in any of your UGC that you publish in the comments facility so you are free to re-use it as you wish. 

You agree that if you post UGC to the comments area you are granting the Irish Examiner and breakingnews.ie a right, but not an obligation, unlimited in time to publish, to re-use, archive, modify, delete or commercially exploit that UGC in whole or in part as we see fit, whether on the Irish Examiner and/or breakingnews.ie websites or otherwise, without any requirement to pay you for this and with or without attribution to you. This means that you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license to use any UGC you publish in whole or in part in any manner and for any purpose whatsoever and without further obligation to you. You also waive any moral rights that you may have in regard to the UGC.

You are responsible for all the content of any of the UGC that you publish. You are financially responsible to us for any claim against us by any third party that your UGC is not in accordance with the numbered points below or that otherwise relates to your UGC.

As a user of the website, you agree to do the following:

i) Only publish UGC that is your original content and will not infringe the copyright or other rights of any third party when publishing UGC.

ii) This means that you hereby agree that you have produced the material you have sent to us or you have permission from or are authorised by the owner or owners to send it to us.

iii)  Not to post, link to or otherwise publish any UGC containing any form of advertising or promotion for goods and services or any spam or other form of unsolicited communication.

iv) Not to post, link or otherwise publish any UGC with recommendations to buy or not to buy a particular share or other investment or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any share or other investment.

v) Not to post, link to or otherwise publish any UGC that is threatening, abusive, libelous, indecent, or otherwise unlawful.

vi) Not to disguise the origin of any UGC and not impersonate any person or entity, including breakingnews.ie or Irish Examiner employees or other users of the commenting facility, or misrepresent any connection with any person or entity.

vii) Not to post or otherwise publish any UGC unrelated to the topic under discussion.

viii) Not to post or transmit any UGC that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of the breakingnews.ie or Irish Examiner websites or any computer software or equipment.

ix) Not to collect or store other users’ personal data.

x) Not to restrict or inhibit any other user from using the comments facility.

The following are examples (but not an exhaustive list) of behaviour or action which is prohibited:

• Anything abusive or threatening
• Material which is sexist, racist, homophobic, obscene or likely to harass or cause distress or be disruptive
• Swearing
• Multiple posting
• Revealing personal information about yourself or anyone else (for example telephone number or full home address)

We recommend that use of the comments facility by those under 16 years is supervised and that you ask your parent or guardian for their permission before using the Site

Should any UGC be deemed to be prohibited or undesirable in any way as regards the objectives of free and fair speech, the Publishers reserve the right to delete such contribution and/ or to block any further contributions by the user.

The Irish Examiner and breakingnews.ie reserve the right to delete any contribution at its sole, unfettered discretion at any time without notice or explanation.

3) User Generated Content ("UGC")

The comment area contains UGC submitted by users over whom the Irish Examiner and breakingnews.ie have no control. Thus, we cannot and do not guarantee the accuracy, integrity or quality of any UGC. Some users may post UGC that is misleading, untrue or offensive.

The comments may contain links to other internet websites or online services provided by third parties, including websites of our advertisers and sponsors, either directly or through frames. It is the choice and decision of the user to use any third party products or services made available on or through third party sites. Advertisers and sponsors are responsible for ensuring the material submitted for inclusion on the comments complies with international and national law. The Irish Examiner and/or breakingnews.ie are not responsible for any error or inaccuracy in advertising or sponsoring material.

4) Termination of use

The Irish Examiner and breakingnews.ie websites may terminate or suspend your access to all or part of the comments area for any reason, including, without limitation, breach or assignment of these Terms of Service.

5) Notice and Takedown Policy

Where we receive notice of any UGC that is potentially misleading, untrue, offensive, unlawful, infringes third party rights or is potentially in breach of these terms and conditions, we will review that UGC, decide whether to remove it from the site and act accordingly. If you repeatedly infringe third party rights, we will block you from using the comments area. If you believe that any UGC published in the comments area infringes any legal rights that you may have, or is not allowed under these terms and conditions, please notify us immediately with specific details by contacting us at editorialfeedback@tch.ie.

6) Jurisdiction

These terms and conditions and your use of the Irish Examiner and breakingnews.ie websites are governed by Irish law and you agree to the exclusive jurisdiction of the Irish courts.

7) Disclaimer

All content, materials and information on the Irish Examiner and breakingnews.ie websites are provided on an "as is" basis and you assume total responsibility and risk for your use of this website and use of all information contained within.

The Irish Examiner and/or breakingnews.ie make no representation that information is accurate and up to date or complete and further make no representation regarding the accuracy, reliability or any use of information on this website.

The views expressed on the comment pages of the Budget mini-site in no way reflect those of the Irish Examiner and breakingnews.ie and/or its staff, unless specifically stated to the contrary, and the Irish Examiner and breakingnews.ie take no responsibility for any uploaded third party material posted on this website.

The Irish Examiner and breakingnews.ie exclude all express or implied terms, warranties, conditions, representations or endorsements whatsoever in relation to the viewing, use or performance of this website or any information or service provided through this website.

The Irish Examiner and/or breakingnews.ie accept no responsibility for any indirect or consequential loss or damage, or for any loss of data, profit, revenue, or business whether direct or indirect in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its content the Irish Examiner and/or breakingnews.ie accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether or not on the part of the Irish Examiner and/or breakingnews.ie or their servants, agents, employees, officers or any other person or entity.

You hereby agree to keep the Irish Examiner and breakingnews.ie and each of their directors, officers, agents, contractors and employees, fully and effectively indemnified on demand from and against any and all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss, including reasonable legal costs and expenses, suffered or incurred by any of them and arising out of or related to your use of this website or breach of these Terms and Conditions or any law of the rights of any third party.

The limitation and exclusions only apply to the extent permitted by relevant and applicable law.

The Irish Examiner adheres to the system of self-regulation overseen by the Press Council of Ireland. The PCI takes complaints about the editorial content of publications under the Code of Practice, a copy of which can be found at www.presscouncil.ie. Alternatively you may contact the PCI by emailing info@presscouncil.ie

 

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