fess.ie Terms of Use

Introduction

Thank you for using fess.ie. These Terms of Use, including any future modifications, govern your use of fess.ie, Adverts.ie, Social.ie and Journals.ie (collectively "fess.ie") and constitute a legal contract between you and fess.ie Ltd. and Adverts Marketplace Ltd. (collectively referred to as "we" or "us").

fess.ie is a platform to create and participate in discussions, using text, links, profiles, audio, pictures, videos and other media ("Material") appropriately. Adverts.ie is a platform to list items or services for sale, wanted, or for swap.

By registering with us or using or browsing fess.ie, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree you may not use fess.ie.
1. Privacy

Your privacy is very important to us. Please read our Privacy Statement at http://www.fess.ie/terms/privacy.php to see how we collect, use and protect your personal information. We recommend that you read this before you use or register with fess.ie.

2. Changes to these Terms of Use

We reserve the right to change, modify, add to, or delete portions of these Terms of Use at any time. When we do so we will notify you of such changes by a site-wide announcement. This will be visible on all forum pages for one week from the date of the changes. After that, you can continue to find it in the Announcements forum. Your continued use of fess.ie will constitute your binding acceptance of the change.

Your use of fess.ie
3. Who can join fess.ie?
People under 13:

fess.ie is not directed at 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 or use fess.ie. Any person who registers with fess.ie represents to us that they are 13 years of age or older.
People aged between 13 and 18:

We cannot guarantee that all forums are suitable for minors. We recommend that young people aged 13 years of age or older ask their parents or legal guardians for permission before using fess.ie or sending any information about themselves to anyone over the Internet. If you are under 18 years old you may not access forums which are flagged as unsuitable for minors. Access to these forums is restricted to paying subscribers who must be 18 years of age or older.
Your capacity:

If you are using fess.ie as a representative of a company or legal entity, you represent that you have the authority to enter into these Terms of Use on behalf of that company or entity, and agree that the terms "you" and "your" in this agreement refers to your company or legal entity.

4. What you agree to when joining fess.ie

fess.ie is made available for your personal, non-commercial use only, except where otherwise authorised by us.

You agree NOT to use fess.ie to:

* post illegal Material
* defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others
* identify or speculate as to the identity of any anonymous or pseudonymous user
* solicit personal information from anyone under 18
* harm minors in any way
* solicit passwords or personally identifying information for commercial or unlawful purposes
* collect or store other users' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other users
* attempt to gain unauthorised access to the fess.ie administrative areas or interface, to user accounts, computer systems or networks connected to the fess.ie site, through password mining or any other means
* post irrelevant Material, repeatedly post the same or similar Material or otherwise impose an unreasonable or disproportionately large load on the fess.ie servers or infrastructure
* post any unsolicited or unauthorised advertising, promotional content, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of commercial publicity
* post any abusive, harmful, vulgar, obscene, sexually explicit, indecent, profane, inappropriate, or racially, ethnically or otherwise objectionable Material, except where the content is appropriate to the content of the forum and you have been granted specific permission to do so and subject to our guidelines on said content
* post Material that contains violence, or offensive subject matter or contains a link to an adult website
* post Material that promotes or encourages illegal activity
* post Material that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party
* post Material that falsely expresses or implies that such Material is sponsored or endorsed by fess.ie
* post Material that contains software viruses or harmful programs including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
* modify, adapt, translate, or reverse engineer any portion of fess.ie, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of fess.ie, except as expressly authorised in writing by fess.ie
* reformat or frame any portion of the web pages that are part of fess.ie

Recognising the global nature of the Internet, you agree to comply with all applicable laws which may apply to you including but not limited to those regarding acceptable content and online conduct. You agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

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

5. You are responsible for your account and its details

As part of the registration process, you will be asked to select a user name and password and you will be responsible for all activities occurring under your username and for keeping your password secure.
Usernames

You may not select or use a username that:

* Contains "FESS" or otherwise misrepresents your relationship with fess.ie or any other party;
* Contains any profanity, is vulgar or offensive, or promotes an illegal activity;
* Violates any trademark or other proprietary right; or
* Misleadingly impersonates someone else.

We reserve the rights to change usernames at our discretion.
Accounts and passwords

We reserve the right to log off or deactivate 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.
Your interactions with other users

We have no obligation to verify the identity of any users when they are connected to the site or to monitor Material provided by them.

Your interactions with other users, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other user.

As with any web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any third party (including any advertiser), we are under no obligation to become involved.

6. Our right to ban accounts or remove user privileges

fess.ie does not delete user accounts. We will however close your user account on request.

Closing your account means we will scramble your password, remove any email subscriptions or notifications you may receive and turn off your Private Messages.

To request this, please email hello@fess.ie from the email address you registered with with your request and allow two working days for this to happen. You will receive one final confirmation email from us. You can then simply stop logging into your account or posting.

We may at our absolute discretion refuse you access to the site and/or cancel/terminate your user privileges without prior notice for any reason and you shall not be entitled to any compensation in respect of cancellation/termination of your user privileges.

These terms of use, including our proprietary rights, disclaimer of warranties, indemnities, limitations of liability, choice of law and choice of forum, and miscellaneous provisions shall survive any termination of your user privileges.

Without limiting the foregoing, the following will lead to a suspension of your privileges on fess.ie:

* breaches or violations of these Terms of Use or other fess.ie guidelines
* requests by law enforcement or other government agencies
* unexpected technical issues or problems or
* extended periods of inactivity.


Posting on fess.ie
7: The content you post on fess.ie
You are solely responsible for your conduct and any Material that you submit, post, and/or display on fess.ie. You agree not to post Material contrary to these Terms of Use.

We may, but are not obliged to, remove or limit access to Material from any user which breaches these Terms of Use.

You own all of the Material you post on fess.ie and we do not claim ownership of that Material. However, we need your permission to be able to display that Material and in some cases to modify it for best display – for different browsers, for our mobile site, and so on.

Consequently, by posting any Material on or through fess.ie, you grant us a limited licence to use, modify, publicly perform, publicly display, reproduce, and distribute such Material.

The licence you grant to us is non-exclusive, royalty-free and fully paid, sub-licensable, and worldwide. This licence applies only to use of the Material for the purpose of providing the fess.ie service.

From time to time we may seek to use users' Material for the purpose of advertising or marketing fess.ie. However we will not use your Material for this purpose without your prior express written permission.

You are responsible for making sure that you have all rights to what you post, including the rights necessary for you to grant the foregoing licences to same.

You represent and warrant that: (i) you own the Material posted by you or otherwise have the right to grant the licence set forth in this section, and (ii) the posting of the Material does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Material posted by you to or through fess.ie.

In order to ensure that threads and conversations are not disrupted, we do not generally remove Material which is uploaded to us. Consequently, you agree that your Material displayed on fess.ie may continue to appear on fess.ie, even after you have terminated your user privileges or have had your user privileges terminated by fess.ie.

However, we understand that you may wish to remove certain types of original creative Material (such as your photographs, drawings, videos, short stories, architectural plans, poetry and the like) from time to time.

Consequently if for any reason you decide that you no longer wish to have your original creative Material displayed on fess.ie then we will delete it provided that this does not have a significant negative impact on the structure of the thread it features in. For example, we will not delete a work put up for constructive criticism as to do so would make the posts which respond meaningless.

To have original creative Material deleted, please contact the relevant forum moderator with a direct link to the relevant item and your request. We will delete it within 10 working days of your request, as far as reasonably possible.

Please note that deletion of original creative Material applies only to Material you have uploaded to us. If you have posted a link on fess.ie to Material hosted elsewhere (such as Flickr or YouTube) then as we are not the hosts you will have to contact that other site to have that Material deleted.

Because community standards vary and individuals sometimes choose not to comply with our policies and guidelines, in the process of using fess.ie, you may be exposed to content that you find offensive or objectionable. You can report such content to us using the Report Post feature.

We cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, you must not post it on fess.ie. We are not responsible for a user's misuse or misappropriation of any content or information you post on the Site.
7.1 Feedback, suggestions and submissions about fess.ie

From time to time users contact us with feedback, suggestions and submissions about fess.ie and how to improve the site and services we offer. We welcome your input, and the following terms ensure that we can use your contributions to improve fess.ie.

You do not have to submit anything to us about fess.ie, but if you do you acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or any other submissions to us which may improve our products, services, or offerings shall become our property unless otherwise agreed by us.

By making a submission to us about fess.ie, you grant a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, fully paid up and royalty-free right to us to copy, prepare derivative works from, improve, distribute, publish, remove, retain, add, and use and commercialise, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties.

If you do not want to grant us the rights set out above, please do not make submissions to us about fess.ie.
7.2 Content of advertisements on fess.ie

You acknowledge that Material presented to you by fess.ie, advertisers, or other users may be protected by copyrights, trademarks, patents or other proprietary rights and laws. All copyright and other proprietary notices in the Material must be left intact.

8. Links to and content of third party sites
8.1 Links to other websites

This website contains links to other websites operated by third parties over whom we have no control. Such links are provided for your convenience only and we accept no responsibility or liability in respect of the content or use of other websites.

Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. The fact that these links appear does not mean that we endorse these third party sites or services.

If you do decide to leave the fess.ie site and access third party sites you do so at your own risk.

8.2 Third Party Content

The inclusion of any content from other sites, either quoted directly or linked to ("Third Party Content") on fess.ie does not imply our affiliation or endorsement of such Third Party Content.

You understand that by using fess.ie you may be exposed to Third Party Content that is offensive, indecent or objectionable.

Because we do not control third party sites, you agree that we are not responsible for any such Third Party Content and that this is the sole responsibility of the person from which such Third Party Content originated, and we have no obligation to monitor such Third Party Content.

Notwithstanding the foregoing, we reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or transmit any Third Party Content in whole or part at any time for any reason or no reason with or without notice and with no liability of any kind.

9. Intellectual property

All website design, text, graphics, the selection and arrangement thereof and all software are copyright fess.ie Ltd., except in relation to Adverts.ie where all such materials are copyright Adverts Marketplace Ltd., unless otherwise indicated. All rights reserved.

These do not include Materials which are the property of advertisers or users.

You acknowledge that all trademarks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including data specifications, drawings and instructions; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world; copyright, trademarks and other intellectual property rights in and relating to fess.ie (collectively "Intellectual Property") are solely owned by us.

You may not 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 Intellectual Property without our written permission.

Advertising on fess.ie
10. Advertising and Official representatives.

We may serve advertisements on site or work with a third party to serve the advertisements. Advertisements placed on the Site may include but are not limited to banner ads, paid links, pop-up windows, buttons, and sponsorships. You agree that we have the right to run such advertisements and promotions.
For users:

We do not control services which are supplied by third parties and the inclusion of advertising or sponsorship does not imply endorsement of the third party by us or any association with that third party. Advertisers and sponsors are responsible for ensuring that Material complies with international and national law. fess.ie does not make any warranty, guarantee nor any representation regarding any advertisement or any merchandise, product or service offered or provided by third party companies advertising or interacting on fess.ie.

You may report any advertisement or content you feel is unsuitable for fess.ie to us, on the understanding that its removal is at our sole discretion.

Your correspondence or business dealing with, or participation in promotions of, advertisers or third parties found on or through fess.ie, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between you and such advertiser or third party.

You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on fess.ie.
Official Representatives and "Talk to..." Forums:

You must seek our permission before carrying out any commercial activity on fess.ie. Any person or company attempting to advertise or otherwise promote themselves who has not been authorised by us will have their user accounts banned and their posts deleted. By using fess.ie for any commercial activity you agree to the following additional terms.

We provide a platform for commercial representatives ("Official Representatives") to engage with users on fess.ie. We allow authorised Official Representatives to post relevant, appropriate content to our forums or blog under the understanding that we make no guarantee of traffic, engagement and/or uptake by fess.ie users. We reserve the right to choose whom we allow to take part.

All content posted by Official Representatives is subject to our approval and the moderators of forums where the content is posted. The charter of each forum must also be followed in relation to the type of content and level of commercial interaction which is acceptable there.

We reserve the right to remove any Material that contravenes these Terms of Use, other fess.ie rules or guidelines or forum charters.

By becoming an Official Representative, you agree:

1. You are responsible for your presence on fess.ie, for your adherence to the rules and guidelines on fess.ie and for the content you post. We are not responsible for the content posted by Official Representatives.
2. You are subject to the rules of fess.ie (including these Terms of Use) as well as the forum charters and fess.ie guidelines. Your presence as an advertiser or official representative does not grant you any privileges to break rules in the forums.
3. You will use the personal information you receive from fess.ie users only for the purpose of answering a question, resolving an issue or other specified action. Under no circumstances will you use this data for any marketing activity without the express permission of the fess.ie user.
4. You will make it clear to users what user data you are going to use and how you will use, display, or share that data.
5. You will delete all user data you received from fess.ie if we disable your account or ask you to do so.
6. You will provide customer support. You will make it easy for users to contact you. You will deal with any questions or issues on thread where appropriate. You will not try to evade answering reasonable queries. We can also share your email address with users if appropriate, and with your prior consent.
7. You will not show ads on your fess.ie presence except with our permission.
8. You will not misrepresent your relationship with fess.ie to others.
9. You may use the logos we make or issue a press release or other public statement relating to your use of fess.ie only with the prior written permission of fess.ie Ltd.
10. We can issue a press release describing our relationship with you.
11. We can measure your content, data and interaction on fess.ie for any purpose, including commercial (such as for case studies and presentations).

For all enquiries about advertising or commercial activity on fess.ie, please contact sales@fess.ie

Rights of fess.ie
11. Our rights and responsibilities
11.1 Liability and accuracy:

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.
11.2 Users:

We may at our sole discretion for any reason (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of fess.ie, (ii) remove and discard any posts or Material within any thread or anywhere on fess.ie or (iii) shut down a discussion, thread or forum that you are involved in, with or without notice, and with no liability of any kind to you.
11.3 Availability of service:

We may at our sole discretion and at any time, discontinue temporarily or permanently providing fess.ie, or any part thereof, with or without notice.

You agree that any termination of access to fess.ie under any provision of these Terms of Use may be effected without notice, and acknowledge and agree that fess.ie 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 fess.ie.

fess.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 fess.ie. However you agree that we shall not be liable to you or any third party for any inability to access fess.ie, termination or suspension of access to fess.ie or modification of the service provided by fess.ie.
11.4 Indemnity and waiver

You agree to indemnify, defend (at the request of fess.ie Ltd), and hold harmless fess.ie Ltd., Adverts Marketplace Ltd., our investors, successors, subsidiaries, affiliates, co-branders, contractors, employees, 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 third party claim, demand, loss, damage, cost, or liability including reasonable legal expenses, made or brought by any third party due to or arising out of your use of fess.ie or any part thereof, the violation of these Terms of Use by you, or the infringement or misappropriation by you, or a third party using your computer, of any account or password to access and/or use fess.ie, or of any intellectual property rights of any person or entity, or the use or misuse by you or third parties of your passwords or accounts.

You acknowledge that your use of fess.ie including any material downloaded or otherwise obtained through fess.ie is at your own discretion and risk and you agree to waive any right to bring any claim or action against fess.ie Ltd. and/or Adverts Marketplace Ltd. or our successors, assigns, directors, officers, employees and agents for any loss, damage or injury arising from such use.
11.5 Information Society Service Provider

You agree and acknowledge that fess.ie Ltd. and Adverts Marketplace Ltd. are information society service providers, 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 they are not under any obligation to monitor the information which they 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.

12. Entire agreement

These Terms of Use make up the entire agreement between you and fess.ie Ltd. and Adverts Marketplace Ltd. and supersede any prior agreement.

13. 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.

14. Governing law

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 fess.ie.

15. 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.

16. No waiver

Any amendment to or waiver of these Terms of Use must be in writing and signed by our authorised representatives. Failure to enforce any provision of these Terms of Use shall not amount to a waiver of such provision.

Contacting fess.ie
17. Contacting fess.ie

You can contact us in the following ways:

Using our contact page: http://www.fess.ie/contact

Email: hello@fess.ie

By post: fess.ie Address etc goes here
We welcome your feedback on this document and thank you for using fess.ie!