Terms of Use
1. Introduction
Thank you for visiting our websites (TheJournal.ie,
The 42, Noteworthy and Factchecking.ie websites and applications)(each a “Site”
and together “our Sites”)) owned and operated by Journal Media
(references in these Terms of Use to ‘we’, ‘us’ and ‘our’ are
references to Journal Media Limited). Please read these terms of
use (the “Terms of Use”) carefully as they constitute a binding
legal agreement between you and us in relation to your use of
the Sites.
By viewing any of our Sites whether it be via a web
browser, our mobile phone application, Twitter, Facebook, e-mail
or any other platform, you acknowledge that you have read,
understood and agree to be bound by these Terms of Use. If you
do not agree then you must not use any of our Sites.
2. Privacy
Your privacy is important to us. Please read our Privacy
Notice to see how we collect, use and protect your
personal information. We recommend that you do this before using
any of our Sites.
3. Changes to Terms of Use
We may change, modify, add to or delete portions of
these Terms of Use at any time. When we do, we will notify you
of the changes by adding an “updated” icon next to the Terms of
Use link on the front page of the Sites for two weeks from the
date of the change. However it is your responsibility to
regularly review the Terms of Use for changes. By continuing to
use any of our Sites you will be deemed to have read, understood
and agreed to be bound by these changes.
4. Your use of our Sites
Our Sites are made available for your personal,
non-commercial use only, except where otherwise authorised by
us.
It is your responsibility, bearing in mind the global
nature of the internet, to comply with all relevant laws which
may apply to your use of our Sites and to the material you post,
including but not limited to laws relating to acceptable
content, online conduct and the export of data.
Failure to comply with all applicable laws or these
Terms of Use may result in deletion of posts, suspension of
posting privileges and/or banning.
(i) Your Account
If you register an account then as part of the
registration process you may be asked to select a user name and
password. You are responsible for all activities occurring under
your username and for keeping your password secure. We strongly
recommend you do not reuse a password which you also use
elsewhere.
You may not select or use a username that:
-
Contains the name of any Site or otherwise
misrepresents your relationship with any Site or any
other party;
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Contains any profanity, is vulgar or offensive,
or promotes an illegal activity;
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Violates any trade mark or other proprietary
right; or
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Impersonates someone else.
We reserve the rights to change usernames at our
discretion.
We reserve the right to log off or deactivate accounts
that are inactive for an extended period of time.
You may not use the account or password of another user
and must not disclose your password to any third party. You must
notify us immediately if you suspect any unauthorised use of
your account or access to your password.
We shall 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.
We may at our absolute discretion refuse you access to
any Site, delete posts by you or suspend/terminate your account
without prior notice for any reason and you shall not be
entitled to any compensation in respect of this.
These Terms of Use, including, in particular, the
indemnities contained herein, shall survive any suspension or
termination of your account.
(ii) Your Posts
We are committed to providing an open forum for
discussion and debate on stories in the news. Each Site has a
comments section available to its users to facilitate such
discussion and debate. Please note that you are liable for the
contents of any comments you post on any of our Sites. We shall
not be liable whatsoever for any comments posted by you or any
other user. Any views or comments expressed in the user posts
are not necessarily the views of Journal Media, any entity
associated with us or any of our Sites’ editorial team. We
strongly advise that you read our separate Comments
Policy before posting any comments on our Sites.
It is our policy not to allow users post comments
anonymously and we therefore require users to log-in using a
Twitter of Facebook account (a “Social Media Account”) to make a
post in order to ensure that comments are attributable to a
user. By logging-in with a Social Media Account you warrant and
represent that you are the owner of the Social Media Account and
that you are the person identifiable by that Social Media
Account. You may not use the Social Media Account of another
person or otherwise assume a false identity for the purposes of
posting a comment on our Sites.
We are not responsible for and do not endorse the
contents of users’ posts or warrant the accuracy, truthfulness,
legality or reliability of user’s posts. You are entirely
responsible for material which you post on our Sites and shall
indemnify in accordance with section 13 of these Terms of
Use.
We expect you to act responsibly in posting comments.
You agree, through use of this service, not to post any material
which:
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Violates the criminal law;
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Promotes or encourages illegal activity;
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Is defamatory, invasive of privacy, abusive,
harassing, threatening, profane, violent, sexually
explicit, or which otherwise violates the rights of
others;
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May prejudice ongoing civil or criminal
proceedings, violate the sub judice rule or may
otherwise amount to a contempt of court;
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Infringes the copyright, patent, trademark,
trade secret, database right, right of privacy or
publicity or other proprietary or intellectual property
right of any person;
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Includes any spam, unauthorised advertising or
any other form of commercial publicity;
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Is irrelevant, repetitive or imposes an
unreasonable or disproportionately large load on our
servers, bandwidth or infrastructure;
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Falsely claims to be sponsored or endorsed by
us; or
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Contains any virus or similar harmful and/or
disruptive material.
Due to the real-time nature of our Sites, we cannot and
are not required to review the contents of posted comments, nor
do we confirm the validity of information submitted. We do not
actively monitor user comments and we are not responsible for
and give no warranty or make any representation in relation to
any user comments. If you deem any comments offensive or
objectionable, please bring these to our attention by
identifying the specific material that you consider
objectionable. You can do this by clicking ‘report this
comment’. You will be asked to give your reasons for wanting the
comment removed.
Whilst we do not monitor comments, we reserve the right
to take down material that comes to our attention via a
complaint or otherwise. Commenters who repeatedly flout our Comments
Policy or these Terms of Use will be barred from joining
discussions on our Sites. This operates on a
“three-strikes-and-you’re-out basis”: if we have to remove three
comments posted by you, you will be blacklisted. You will not
necessarily be notified when comments are removed. We will not
enter into any correspondence with or about users who have been
blacklisted.
We reserve the right to immediately ban a user if there
has been a serious breach of the Comments
Policy or these Terms of Use. All decisions in relation
to these matters are carried out at our sole discretion.
We reserve the right to reveal your identity (or
whatever information we know about you) in the event of a
complaint or legal action arising from any comment or content
posted by you.
By posting any material on any Site, you grant us a
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 up,
sub-licensable, and worldwide. You also waive to the fullest
extent permissible by law any moral rights in such material. You
are responsible for making sure that you have all rights to what
you post, including the rights necessary for you to grant the
licence above.
By posting any material on any Site you represent and
warrant that: (i) you own the material posted by you or
otherwise have the right to grant the licence above, and (ii)
the posting of the material does not violate the privacy rights,
publicity rights, intellectual property rights, contract rights
or any other rights of any person. You agree to pay for all
royalties, fees, or any other monies owing any person by reason
of any material posted by you.
(iii) Capacity
Our Sites are not directed at children younger than 16
and therefore children under the age of 16 are not permitted to
view our Sites. We cannot guarantee that all content on our
Sites will be suitable for minors.
You are only permitted to post comments if you are aged
18 or over. If you are aged 16 years or over but under the age
of 18 you must obtain the consent of a parent or legal guardian
before registering as a user of any Site. Any person who
registers as a user of any Site represents that they are 18
years of age or older or that they are 16 years or over and have
obtained the consent of a parent or legal guardian. We cannot
and are not required to verify the age of users of our Sites. By
posting a comment on any of our Sites you warrant and represent
that you are over the age of 18 or that you are 16 years or over
and have obtained the consent of a parent or legal guardian each
time you post a comment.
If you are using any of our Sites as a representative
of a body corporate, partnership, association or other entity
(an “entity”), you represent that you have the authority to
enter into these Terms of Use on behalf of that entity, and
agree that the terms “you” and “your” in these Terms of Use
refers to that entity.
5. The 42 Subscriptions
To access The 42, you must create an account.
Unrestricted access requires a paid subscription.
If you subscribe to our monthly plan, the fee will
be billed monthly until you cancel. If you subscribe to the
annual plan, the fee will be billed annually until you cancel.
We will email you towards the end of the annual term to remind
you that the renewal and associated payment is coming up.
You can cancel your subscription at any time.
To do so, sign in to your account
(https://www.the42.ie/account/),
select the “Subscription” tab, and switch auto-renew off. Your
subscription will be cancelled at the end of your current billing
period, and you will have access until that date.
If you purchased your subscription via the iOS App store,
you can cancel from your Apple account (under settings, subscriptions),
or in any way described in Apple’s terms and conditions. Any refunds
due will be paid in accordance with Apple’s terms and conditions.
For more information, visit:
https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
Stripe or Apple processes payments on our behalf. If you
have any queries regarding your payment, please contact us at
support@the42.ie
within 30 days
Any change in the price of our subscriptions
(outside of promotions or trials) will not affect existing plans
until the next billing period, and we will notify you in advance.
If we do not receive payment, we will notify you, and
after a grace period, we will suspend your account.
Please contact us by email at
support@the42.ie
if you have any suggestions, questions or issues related to your
subscription.
6. Intellectual Property
All intellectual property rights in our Sites design,
text, graphics, the selection and arrangement thereof and all
software vest in Journal Media unless otherwise indicated.
Journal Media reserves all of its rights.
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 and all copyright, trademarks and
other intellectual property rights in and relating to any of our
Sites are solely owned by Journal Media.
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, any material made available on any of our Sites without
our written permission.
7. Copyright
Policy
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We respect the copyright of others
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We strive to credit sources where relevant
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We do not provide links to websites which
object
Our policy is to respect the copyright of others and we
strive to credit sources where relevant. While copyright does
not subsist in ideas and in principle there is no copyright in
the “news”, copyright may subsist in the form in which it is
expressed in particular articles. If you believe that any
material published in the Site infringes copyright, please
report it to copyright@thejournal.ie
identifying the specific material that is claimed to be
infringing and providing sufficient information to permit us to
contact the complaining party.
We do not provide links to sources and publications who
object to such linking. If you have an objection to a link to
your website, please notify us to copyright@thejournal.ie
identifying the specific material, the link and providing
sufficient information to permit us to contact the complaining
party.
8. Site Searching,
Indexing and Screenscraping
You agree not to modify, adapt, translate, or reverse
engineer any portion of our Sites, nor to use any robot, spider,
site search/retrieval application, or other device to retrieve,
index or screenscrape any portion of our Sites, except as
expressly authorised in writing by us. You agree not to reformat
or frame any portion of our Sites. You agree to respect and
follow the restrictions imposed by Journal Media’s robots.txt
files.
9. Your Feedback and Suggestions to Us
From time to time users contact us with feedback,
suggestions and submissions about our Sites and how to improve
our Sites and the services we offer. We welcome your input, and
the following terms ensure that we can use your contributions to
improve.
You do not have to submit anything to us about our
Sites, 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 our Sites, you grant
a nonexclusive, irrevocable, worldwide, perpetual, unlimited,
assignable, sublicenseable, 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 our Sites.
10. Defamatory Content
We abide by the Code
of Practice of the Press Council of Ireland.
Journal Media operates on a “notice and takedown”
basis. If you believe that any content on our Sites contains a
defamatory statement, please notify us immediately by sending an
email to errors@thejournal.ie.
Once this notification has been received, we will use all
reasonable endeavours to remove the defamatory content
complained about within a reasonable time.
11. Disclaimer and Waiver
We do not give any warranty or make any representation
as to the accuracy or completeness of the information contained
on our Sites. Material posted on our Sites 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 our Sites we
do not warrant that the website is free from infection by
viruses or anything else that has contaminating or disruptive
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
electricity or other utility supply.
Under no conditions and in no event shall we be liable
whether in contract, tort or otherwise 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.
You acknowledge that your use of our Sites including
any material downloaded or otherwise obtained through our Sites
is at your own discretion and risk and you agree to waive to the
fullest extent permissible by law any right to bring any claim
or action against us, our investors, successors, subsidiaries,
affiliates, co-branders, contractors, employees, servants,
contributors, third-party advertisers, technology providers,
service providers or other partners, and each of their
respective officers, directors, agents, shareholders, employees
and representatives, for any loss, damage, costs or injury
arising from such use.
12. Links to Other Websites
Our Sites contains links to websites operated by third
parties over which we have no control. These links are provided
for your convenience only and do not amount to an endorsement or
recommendation of those sites. We do not exercise any control or
supervision over the content of these linked sites. We are not
responsible for the content or accuracy of or for the opinions
expressed in these third party websites and these websites are
not investigated, monitored or checked for accuracy or
completeness by us.
We accept no liability in relation to those sites and
should you choose to access third party sites you do so at your
own risk. Third party sites linked via our Sites are not covered
by these Terms of Use. You should not assume that these third
party websites will abide by the same privacy policy to which we
adhere.
13. Links
We permit third parties to link to our Sites as so long
as the link: (a) is not in any way misleading; (b) does not
falsely imply sponsorship, endorsement or approval of the
linking party and its products or services; and (c) fits within
the context of the linking party’s site.
By linking to any of the above mentioned websites you
hereby authorise Journal Media to link to any website owned or
controlled by you.
14. Indemnity
You shall indemnify and keep Journal Media, our
investors, successors, subsidiaries, affiliates, co-branders,
contractors, employees, servants, contributors, third-party
advertisers, technology providers, service providers or other
partners, and each of their respective officers, directors,
agents, shareholders, employees and representatives (each an
“Indemnified Party”) indemnified on demand from and against any
and all losses, judgments, awards of damages, fines, penalties,
fees, costs and expenses (including reasonable legal expenses)
suffered or incurred by an Indemnified Party as a result of any
third party claim threatened or brought against any Indemnified
Party arising out of or in connection with any of the
following:
-
Your use of our Sites or any part thereof;
-
any violation of these Terms of Use, our Privacy
Policy, our Comments
Policy and our Copyright
Policy by you;
-
any comments posted by you on any Site;
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any infringement or misappropriation by you, or
a third party using your computer, of any account or
password to access and/or use any of our Sites; and
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any infringement by you of any intellectual
property rights of any person.
15. Information Society Service Provider /
Intermediary Service Provider
You agree and acknowledge that Journal Media is an
information society service provider and intermediary service
provider, within the meaning of Directive 2000/31/EC as
transposed into Irish law by the European Communities (Directive
2000/31/EC) Regulations 2003 (SI 68 of 2003), and that where it
stores information provided by a recipient of the service – such
as user comments – it is not liable for such information nor is
it under an obligation to monitor such information.
16. Entire Agreement / No Waiver
These Terms of Use, our Privacy
Policy, our Comments
Policy and our Copyright
Policy make up the entire agreement between you and us
in relation to your use of our Sites and supersede any prior
agreement. Any amendment to or waiver of this agreement must be
in writing and signed by our authorised representatives. Failure
to enforce any provision of this agreement shall not amount to a
waiver of such provision.
17. Severability
If any provision of these Terms of Use is found to be
void, invalid or unenforceable the remaining provisions will
continue to be of full force and effect.
18. Governing Law
The agreement between you and use as constituted by
these Terms of Use and any non-contractual obligations arising
out of or in connection with your use of our Sites are governed
by and shall be construed in accordance with the laws of
Ireland, and the courts of Ireland shall have exclusive
jurisdiction to hear, settle and determine any dispute which may
arise out of or in connection with these Terms of Use save that
we retain the right to bring proceedings against you in your
country of residence or any other court of competent
jurisdiction.
19. Availability of Service
We may at our sole discretion and at any time
discontinue temporarily or permanently our Sites or any part
thereof with or without notice.
You agree that any termination of access to our Sites
under any provision of these Terms of Use may be effected
without notice, and acknowledge and agree that we 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 our Sites.
You may terminate this Terms of Use at any time by
sending us an e-mail to privacy@thejournal.ie. Please note that
if you choose to terminate this Terms of Use you will no longer
be able to access our services.
Our Sites 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 our Sites. However you agree that
we shall not be liable to you or any third party for any
inability to access any of our Sites, termination or suspension
of access to our Sites or modification of the service
provided.
20. About us
Journal Media Limited is a private company limited by
shares, incorporated in Ireland under registered number 483623
and has its registered offices at 3rd Floor, Latin Hall, Golden
Lane, Dublin 8. Our VAT number is IE9744952M.
21. Copyright Statement Associated Press
Associated Press text, photo, graphic, audio and/or
video material shall not be published, broadcast, rewritten for
broadcast or publication or redistributed directly or indirectly
in any medium. Neither these Associated Press materials nor any
portion thereof may be stored in a computer except for personal
and non-commercial use. Users may not download or reproduce a
substantial portion of the Associated Press material found on
this web site. Associated Press does not accept any liability
for any delays, inaccuracies, errors or omissions therefrom or
in the transmission or delivery of all or any part thereof or
for any damages arising from any of the foregoing.
22. Assignment & Novation
You may not, without our prior written consent, assign
or dispose of any of your rights or obligations arising under
these Terms of Use. We may assign or subcontract any or all of
our rights and obligations under these Terms of Use to a third
party at any time, at our discretion. You also hereby
irrevocably agree that we may, at our sole discretion and at any
time any by notice to you, transfer by way of novation all of
our rights and obligations under these Terms of Use, and, upon
completion of any such novation (including the assumption by the
transferee of all of our remaining obligations under these Terms
of Use) we shall be released from, and shall have no further
obligations under, these Terms of Use. If requested, you shall
promptly execute all documents reasonably requested by us to
effect, perfect, record or implement any such novation, and
shall promptly comply with any other reasonable requests we or
our successors or assigns may have in respect of any such
novation.
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Updated 20 December 2021
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