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Irishmurals.com
Web Site Agreement
The John Carpenter Web Site (the "Site") is an online information
service provided by irishmurals.com ("John Carpenter "), subject
to your compliance with the terms and conditions set forth below. PLEASE
READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING
OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET
FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,
YOU MAY NOT ACCESS OR USE THE SITE. John Carpenter MAY MODIFY THIS AGREEMENT
AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON
POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE
AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF
THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright
and trademark laws. The owner of the copyrights and trademarks are John
Carpenter, its affiliates or other third party licensors. YOU MAY NOT
MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE,
IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE
AND/OR SOFTWARE. You may print and download portions of material from
the different areas of the Site solely for your own non-commercial use
provided that you agree not to change or delete any copyright or proprietary
notices from the materials. You agree to grant to John Carpenter a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to sub-license,
to reproduce, distribute, transmit, create derivative works of, publicly
display and publicly perform any materials and other information (including,
without limitation, ideas contained therein for new or improved products
and services) you submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to John Carpenter by all means
and in any media now known or hereafter developed. You also grant to John
Carpenter the right to use your name in connection with the submitted
materials and other information as well as in connection with all advertising,
marketing and promotional material related thereto. You agree that you
shall have no recourse against John Carpenter for any alleged or actual
infringement or misappropriation of any proprietary right in your communications
to John Carpenter.
TRADEMARKS.
Publications, products, content or services referenced herein or on the
Site are the exclusive trademarks or servicemarks of John Carpenter. Other
product and company names mentioned in the Site may be the trademarks
of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly
identified as being supplied by John Carpenter, John Carpenterdoes not
operate, control or endorse any information, products or services on the
Internet in any way. Except for John Carpenter- identified information,
products or services, all information, products and services offered through
the Site or on the Internet generally are offered by third parties, that
are not affiliated with John Carpenter a. You also understand that John
Carpenter cannot and does not guarantee or warrant that files available
for downloading through the Site will be free of infection or viruses,
worms, Trojan horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient procedures
and checkpoints to satisfy your particular requirements for accuracy of
data input and output, and for maintaining a means external to the Site
for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND
THE INTERNET. John Carpenter PROVIDES THE SITE AND RELATED INFORMATION
"AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND John Carpenter SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE
ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS
SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION
PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. John Carpenter
DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE
TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. John Carpenter
HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH
MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL John Carpenter BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE
LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY
INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM
THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF John
Carpenter OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED
THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, John Carpenter LIABILITY
IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
John Carpenter makes no representations whatsoever about any other web
site which you may access through this one or which may link to this Site.
When you access a non-John Carpenter web site, please understand that
it is independent from John Carpenter, and that John Carpenter has no
control over the content on that web site. In addition, a link to a John
Carpenter web site does not mean that John Carpenter endorses or accepts
any responsibility for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless John Carpenter, its officers,
directors, employees, agents, licensors, suppliers and any third party
information providers to the Service from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from
any violation of this Agreement (including negligent or wrongful conduct)
by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification)
are for the benefit of John Carpenter and its officers, directors, employees,
agents, licensors, suppliers, and any third party information providers
to the Service. Each of these individuals or entities shall have the right
to assert and enforce those provisions directly against you on its own
behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice at any
time for any reason. The provisions of paragraphs 1 (Copyright, Licenses
and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4
(Third Party Rights) and 6 (Miscellaneous) shall survive any termination
of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance with
the laws of Ireland applicable to agreements made and to be performed
in Ireland. You agree that any legal action or proceeding between John
Carpenter and you for any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a federal or state
court of competent jurisdiction sitting in Ireland . Any cause of action
or claim you may have with respect to the Service must be commenced within
one (1) year after the claim or cause of action arises or such claim or
cause of action is barred. John Carpenter's failure to insist upon or
enforce strict performance of any provision of this Agreement shall not
be construed as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice shall act to modify
any provision of this Agreement. John Carpenter may assign its rights
and duties under this Agreement to any party at any time without notice
to you.
Any rights not expressly granted herein are reserved.
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COPYRIGHT NOTICE.© 2005 John Carpenter ,All rights reserved.
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