Your use of this website barryflanagan.com (“the Site”) is subject to these general terms and conditions (the Terms). Your use of the Site constitutes your binding acceptance of these Terms.
The Site is operated by Plubronze Limited, registered in Ireland under company number 432284 and having our registered office at Ground Floor, Ardeen House, 10/11 Marine Terrace, Dun Laoghaire, Co. Dublin, Ireland.
We may modify these Terms at any time without notice to you by posting revised Terms on the Site and as such we advise you review these Terms on a regular basis when visiting the Site. Your continued use of the Site following the posting of revised Terms will mean that you accept and agree to such revised Terms.
1.1 All text, graphics, user interfaces, visual interfaces, photographs, images, 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 Plubronze, and is protected by copyright, patent and trade mark laws, and various other intellectual property rights and unfair competition laws.
1.2 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 the express prior written consent of Plubronze.
1.3 Nothing in these Terms prevents you from using Content on the Site in a manner permitted by applicable exemptions to copyright law as set out in Chapter 6 of the Copyright and Related Rights Act, 2000, including but not limited to fair dealing with any copyright protected work for the purpose of research, private study, criticism or review, or permitted educational and research uses of copyright protected works. provided in each case you meet all the legal requirements to avail of such exemptions, including, where applicable, providing sufficient acknowledgement of the author of the Content. We also request that you give attribution to the Site as the origin of the Content in such circumstances.
1.4 Notwithstanding paragraph 1.3 above, if you wish to use Content on the Site for a purpose which would fall outside the scope of the exemptions to copyright law, or you are unsure whether the purpose falls within a scope of an exemption, where we are identified as the copyright owner of the relevant Content you may contact us requesting permission to use the Content for that purpose by email to [email protected] The grant of any such permission is entirely at the discretion of Plubronze, and in no circumstances will any failure to or delay in responding to such a request be deemed to constitute implied permission. Where we are not identified as the copyright owner of the relevant Content, you may contact the copyright holder requesting permission to use the Content for that purpose by email. The submission of any such request/enquiry does not in any way affect your legal entitlements as outlined in paragraph 1.3.
2. YOUR USE OF THE SITE
2.1 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 Plubronze server, This includes using (or permitting, authorising or attempting the use of) any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Site or any data, Content, information or services accessed via the same.
2.2 You may not reverse look-up, trace or seek to trace to its source any information on any other user of or visitor to the Site, 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.
2.3 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 Plubronze or others.
2.4 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.
2.5 You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
2.6 Where we request information from you when you sign up to our newsletter or request an appointment to visit our archive and library, you will provide us with true, accurate, current, and complete information.
2.7 Use of the Site is subject to existing laws and legal process. You acknowledge and agree that 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, including where necessary (and where the law allows us) disclosing your information to third parties for law enforcement purposes or otherwise in connection with the infringement of legal rights.
3. DATA PROTECTION
3.1 Plubronze shall comply with all of its obligations as a data controller in relation to your personal information pursuant to the General Data Protection Regulation and the Data Protection Acts 1988-2018.
4.1 Use of the Site and all of the information that we collect from you, such as registration information, is subject to our privacy and cookies policy.
5. LINKS TO OTHER SITES
5.1 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 Plubronze’s control, and Plubronze is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.
6. LINKING TO OUR SITE
6.1 You may link to the homepage of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
6.2 You must not establish a link from any website that is not owned by you. Our Site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
6.3 If you wish to make any use of material on our site other than as that set out above our as described in paragraph 1.3, please address your request to [email protected]
7. DISCLAIMERS AND LIMITATION OF LIABILITY
7.1 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.
7.2 Plubronze 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.
7.3 Plubronze 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, including for the avoidance doubt any use by you of copyright-protected works which are published on the Site. Your sole remedy against Plubronze for dissatisfaction with the Site or any Content is to stop using the Site or any such Content.
7.4 We do not guarantee that the Site, or any Content, will always be available or be uninterrupted. Plubronze 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.
7.5 Except to the extent prohibited by law, in no event will Plubronze be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Plubronze has been advised of the possibility of such damages.
8.1 You agree to hold harmless and indemnify Plubronze 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.
9.1 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
10.1 These Terms constitute the entire agreement between you and Plubronze with regard to your use of the Site.
11.1 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.
12.1 These Terms shall be construed in accordance with the laws of Ireland and the parties irrevocably consent to bring any action to enforce these Terms before a court of competent jurisdiction in Ireland.
13. INFRINGING CONTENT
13.1 Plubronze respects the intellectual property rights of third parties. If you believe that anything on the Site infringes your intellectual property rights, please contact us by email to [email protected], providing as much information as possible.