All text, graphics, user interfaces, visual interfaces, photographs, trade marks, logos, sounds, music, artwork and computer code (collectively, Content), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Animation Ireland, and is protected by copyright, patent and trade mark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Animation Ireland’s express prior written consent.
2. Your Use of the Site
You may not attempt to gain unauthorised access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Animation Ireland server, or to any of the the products or services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Animation Ireland, including any Animation Ireland member account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Animation Ireland or others.
You agree not to modify the software underlying the Site in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorised access to the Site.
Where we request member registration information from you, you will provide us with true, accurate, current, and complete information.
Use of the Site is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Site.
3. Data Protection
Animation Ireland shall comply with all of its obligations as a data controller in relation to your personal information pursuant to the Data Protection Acts 1988-2003
4. Privacy Statement
Use of the Site and all of the information that we collect from you, such as registration and credit card information, is subject to our privacy statement. See Animation Ireland’s privacy statement.
5. Disclosure of Your Information
Notwithstanding clauses 3 and 4 above, you hereby give your consent and accept and agree that we may disclose any information we hold relating to you to outside parties where:
(a) we have a good faith belief that such action is necessary to protect our rights;
(b) we have a good faith belief that you have committed an unlawful action;
(c) we have a good faith belief that the legitimate rights of a third party appear have been interfered with; or
(d) a court or tribunal orders disclosure.
You acknowledge and agree that Animation Ireland may preserve any transmittal or communication by you with Animation Ireland through the Site or any service offered on or through the Site.
6. Links to Other Sites
The Site may contain links to other independent third-party websites (Linked Sites). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Animation Ireland’s control, and Animation Ireland is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.
7. Disclaimers and Limitation of Liability
The Site is provided on an “AS IS” basis, without any express or implied warranty of any kind, including without limitation warranties of merchantability and fitness for a particular purpose.
Animation Ireland is not responsible for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses.
Animation Ireland disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Site. You assume total responsibility for your use of the Site and any Linked Sites. Your sole remedy against Animation Ireland for dissatisfaction with the Site or any Content is to stop using the Site or any such Content.
Animation Ireland reserves the right to do any of the following, at any time, without notice:
(1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason;
(2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and
(3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Except where prohibited by law, in no event will Animation Ireland be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Animation Ireland has been advised of the possibility of such damages.
You agree to hold harmless and indemnify Animation Ireland, and its subsidiaries, affiliates, officers, agents, and employees, from and against any claim arising from or in any way related to your use of the Site, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, legal costs of every kind and nature.
If at any time, any one or more of the provisions in these Terms (or any clause or any part thereof) is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed to be omitted from these Terms and the validity and or enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
10. Entire Agreement
These Terms constitute the entire agreement between you and Animation Ireland with regard to your use of the Site with the exception of the Membership Terms and Conditions and Payment Terms and Conditions (if applicable).
Our rights and remedies shall not be diminished, waived or extinguished by the granting of any indulgence, forbearance or extension of time by us nor by any failure of or delay by us in asserting any such rights or remedies.
These Terms shall be construed in accordance with Irish law, and the parties irrevocably consent to bring any action to enforce these Terms before a court of competent jurisdiction in Ireland.