User Agreement

 

1.         General

 

The terms and conditions in this User Agreement govern your access and use of the website www.yourdaysout.com (the ‘Site’) including any updates to or new versions of the Site. The Site is operated by Stroom Limited, a company incorporated and registered in Ireland with company number 545435 with its registered office at Suite 5161, Unit 1, 77 Sir John Rogerson's Quay, Dublin 2. (“Stroom”, "we", “us” or “our”).

 

The purpose of these terms is to let you know what we expect from users of the Site, and what activities are not permitted on or in connection with the Site. If there’s anything you don’t understand in these terms or our Privacy Statement, the Cookies Policy and/or any other information published or made available through the Site, please contact us using the contact information below.

 

2.         Your acceptance of this User Agreement

 

By accessing or using the Site (whether or not you are a registered user) you are entering into a binding legal agreement with Stroom. By accessing and using any of the Site, you are agreeing to this User Agreement, our [link to Privacy Statement], and our [link to Cookies Policy], which are incorporated into this User Agreement by reference. If you do not accept and agree to the User Agreement you must not access or use the Site.

 

If you are under the age of 18 years you must have your parent’s or guardian’s consent to enter into this User Agreement and to use the Site.

 

It is also important that you understand fully what personal information we collect from you and receive when you use this Site. For details of the type of information we collect via our Site, our use of such information and to whom we may disclose this information, you and (if you are a minor) your parents must read and accept our [link to Privacy Statement] which forms part of this User Agreement.

 

3.         Changes to this User Agreement

 

We reserve the right to make changes to this User Agreement at any time.  We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of the User Agreement will be posted on the Site and you should regularly check for the most recent version, as the most recent version is the one that applies. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Site or via email. If you continue to use the Site after the changes become effective you will be deemed to have accepted those changes. If you don’t agree to these changes, you must end your relationship with us by ceasing to use the Site. Additionally, if we update or upgrade the Site you may be required to accept the most recent version of the User Agreement to access the updated or upgraded Site.

 

4.         Access to the Site

 

Access to the Site is permitted to you on a temporary basis by a non-exclusive, revocable, non-transferable licence subject to the terms of this User Agreement, our Privacy Statement and any other terms and conditions or policy published on the Site.  We reserve all other rights. 

We reserve the right to withdraw or amend access to, and/or the services we provide on, the Site without notice or liability to you. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Site. We will not be liable if for any reason the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site. By accessing and using the Site, you represent and warrant that (i) your use of the Site does not violate any applicable law or regulation; (ii) your use of the Site is for your own personal and non-business purposes only.

You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them in full.

 

5.         Registered Users

To use some parts of the Site, you may be required to register an account with us by providing certain information, including your name, email address and a password. At your option, you may be able to provide additional information on registration. You agree to provide true and accurate information and to update it as necessary to keep it accurate. All user accounts are personal agreements between the user and Stroom and as such are non-transferable. You must not use your account for or in connection with the impersonation of any person. If you provide us with false information, we reserve the right to suspend or terminate your account and your access to the Site.

You must treat your username and password you choose on registration as confidential, and you must not share them with anyone else, other than sharing them with your parent or guardian if you are a minor. If you think that someone else might be using your account, you must let us know immediately using the contact information below. You should also immediately change your password. You must not use anyone else’s user account to access the Site. We may terminate your account or block you from accessing the Site if you break these rules and/or the other rules contained in this User Agreement.

 

6.         Use of the Site

 

Except as expressly set out in this User Agreement or as permitted by any local law, you agree:

 

  1. not to copy any of the Site except where such copying is incidental to normal use of the Site, or where it is necessary for the purpose of back-up or operational security;
  2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify any of the Site or content therein;
  3. not to make alterations to, or modifications of, the whole or any part of the Site, or permit the Site or any part of it to be combined with, or become incorporated in, any other programs;
  4. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Site or attempt to do any such thing except to the extent that such actions cannot be prohibited by applicable law;
  5. not to provide or otherwise make available the Site in whole or in part (including object and source code), in any form to any person without the prior written consent from us;
  6. not use the Site (or any part(s) of it) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this User Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Site or any operating system;
  7. not infringe our intellectual property rights or those of any third party in relation to your use of the Site;
  8. not collect or harvest any information or data from any of the Site or our systems or attempt to decipher any transmissions to or from the servers running the Site;
  9. not use the Site for commercial purposes without our prior written consent;
  10. not manipulate any identifiers to disguise the origin of a message;
  11. not disclose any other user’s personal information without their prior express agreement. This means that if you happen to know another user’s identity you must not disclose this to any other user or to any other third party;
  12. not use the Site in any manner which could damage, disable, overburden, impair or compromise the Site, our systems or security or interfere with other users or any other party’s computer systems or hack or gain unauthorised access to the Site or the Stroom Content (defined below) or data.

 

7.        Service Emails

 

We need to send these to administer the service. Service emails include registration and payment confirmations, warnings that we are about to charge you or that your subscription or credits are about to expire, and welcome emails that provide useful information about how to use a service or feature when you sign up or start using it. Also, if we make a fundamental change to the website or our Terms & Conditions that we think we need to make you aware of (for legal or simply for courtesy reasons), we will send you a service email.

 

8.         Unsubscribing from service emails

 

Because of the nature of these emails, we don't allow you to unsubscribe, but we can switch off your account if you are no longer interested in using the website. Contact our Customer Support team to do this.

 

9.         User Conduct

 

Stroom does not and cannot review all communications posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. Users acknowledge that by Stroom providing the ability to view and distribute user-generated content on the Site, Stroom is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any content or activities on the Site. However, Stroom reserves the right to block or remove users, communications or materials that it determines to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of copyright, trademark or other intellectual property rights; (d) in violation of any law or regulation; or (e) offensive or otherwise unacceptable to Stroom in its sole discretion.

By accessing and using the Site you hereby undertake and agree to do so in a legal and ethical manner. You hereby acknowledge and agree that you shall not transmit any material that is defamatory, tortious, harmful, obscene, infringing, offensive, racially or ethnically offensive, bullying, harassing, scandalous, hateful, inflammatory, threatening, offensive, unlawful, profane, pornographic, or otherwise objectionable in relation to your use of the Site including without limitation, anything that facilitates illegal activity, depicts sexually explicit images, promotes unlawful violence, is discriminatory, is illegal or which could or does cause damage or injury to any person or property, could give rise to any civil or criminal liability under applicable law, including, without limitation, any material that you are not entitled to post or transmit, or where such posting or transmission is otherwise in breach of any third party intellectual property rights.

Where permitted by law, we reserve the right to disclose to our legal representatives, any Court and any regulatory and/or law enforcement authority the identity of any user who breaches this User Agreement and/or our Privacy Statement (or any part thereof).  

 

10.         Use of Our Content

 

Except for Your Content (as defined below), Stroom and our licensors, retain all right, title and interest in the information, communications, software, scripting, photographs, text, video, graphics, music, sounds, images, copyright, trademarks, trade names, logos, programs, and other materials and services found on the Site, including its look and feel (collectively, "Stroom Content").  You should note that Stroom Content is protected by copyright, trademark, database right, sui generis rights and other intellectual property laws (as the case may be), under national laws and international treaties.

You may not make alterations, copies, extractions, modifications or additions to the Stroom Content, or sell, copy, disseminate or licence it, or misuse the Stroom Content in any way. If you want to re-publish, extract, reproduce, disseminate or otherwise use any of the Stroom Content, you must contact us in advance and obtain our prior written permission except if otherwise expressly provided in this User Agreement. This is without prejudice to any rights you may have under any applicable mandatory laws.

 

11.         Your Content

We do not claim any proprietary rights in the text, files, images, photos, works of authorship, or any other materials (collectively, "Your Content") which you upload and/or input to the Site for storage or publication on, processing by, or transmission via, our Site.  After inputting and/or uploading Your Content to the Site, you continue to retain all ownership and/or license rights in such content and continue to have the right to use Your Content in any way you choose.  

By inputting or uploading Your Content on or through the Site, you grant Stroom a non-exclusive, royalty-free, fully paid-up, worldwide, irrevocable, transferable and sub-licensable license to use, modify, publicly perform, publicly display, reproduce, distribute and translate Your Content as we may, in our discretion, choose to do. You hereby waive in Stroom’s favour all moral rights in Your Content to the maximum extent permitted by applicable law, and you warrant and represent that all other moral rights in Your Content have been waived to the maximum extent permitted by applicable law. You may edit Your Content to the extent permitted using the editing functionality made available on our Site.

By inputting or uploading Your Content on or through the Site, you represent and warrant that you are authorised to do so and that the publication of Your Content on the Site, and Stroom’s use of Your Content in accordance with the abovementioned licence, does not violate any law or third party rights. You hereby indemnify us, and our respective officers, agents, partners and employees against all losses, expenses, damages and costs (including reasonable legal costs and expenses) incurred by us arising out of any claims that information or material which you have submitted to or made available on the Site is in breach of this User Agreement (or any part thereof), is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right).

 

To the extent any of Your Content contains personal data we will use it in accordance with our Privacy Statement.

 

12.       Communication at your own risk

 

E-mail and other methods of transmitting information over the internet are subject to interference or scrutiny by third parties and should be independently verified. We cannot ensure security and privacy of such communications and all risk in transmitting such communications lies with you. Additionally, by using the Site, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Site may be read or intercepted by others.

 

13.       Indemnity

 

You agree to indemnify, defend and hold harmless each of Stroom and its affiliates and their respective agents, directors, officers, employees and suppliers (collectively “Indemnified Parties”) from and against any and all liabilities, expenses and costs including without limitation reasonable legal fees and expenses incurred by the Indemnified Parties in connection with any claim or demand arising out of, related to or connected with your use of the Site, being a registered user, someone posing as you, or your breach of this User Agreement. You hereby undertake and agree to promptly assist and cooperate as fully as reasonably required by any of the Indemnified Parties in the defence of any such claim or demand. You further agree to indemnify Stroom and its affiliates from all suits, damages, costs and liabilities whatsoever arising from any of Your Content.

 

14.       Disclaimer and limitations on liability

 

Use of the Site is entirely at your own risk and you assume full responsibility and risk of loss resulting in whole or in part from your use and/or access to the Site. We shall not be liable to you or to anyone else for any loss or damage caused in whole or in part by relying upon, using, or interpreting the content or other information obtained through the access and/or use of this Site. The Site is provided ‘as-is’ and on an ‘as available’ basis without any representation or endorsement of any kind. To the fullest extent permitted by applicable law we disclaim all warranties, conditions or other terms of any kind express or implied. For the avoidance of doubt, we make no undertaking, representation or warranty: (i) in connection with the completeness or accuracy, reliability or timeliness of any of the Stroom Content; and/or (ii) that the Site or the server(s) it is hosted on is free from defects, errors, viruses, bugs or other harmful elements. The exclusion of certain warranties and the limitation of certain liabilities are prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you. The disclaimer, liability exclusion, liability limitation, and indemnity provisions in this User Agreement survive indefinitely after the termination of this User Agreement.

To the maximum extent permitted by applicable law we hereby expressly exclude all liability, loss or damage incurred by you, or any other person, arising out of access to, use of or inability to use the Site, whether caused by tort (including negligence), breach of contract or any other legal theory, for any of the following, even if foreseeable: (i) loss of income or revenue; loss of business; loss of profits or contracts; loss of data and loss of goodwill; and (ii) direct, indirect, or consequential loss or damage. Nothing in this User Agreement shall affect your statutory rights.

Your use of the Site may give you the opportunity to engage in communications and transactions of a commercial or personal nature with persons other than Stroom.  All such communications and transactions are at your own risk. Stroom is not a party to any such communications and transactions and disclaims any and all liability regarding all such communications and transactions. To the extent that you choose to partake in such communications and transactions, Stroom makes no representations, warranties or conditions of any kind related thereto whether express or implied, and including without limitation implied warranties of merchantable quality or fitness for a particular purpose, all of which Stroom hereby disclaims to the fullest extent permitted by law.

 

15.       Links to Third Party Websites

 

The Site may contain links to third party websites, but this does not mean that we endorse or authorise those websites, nor does it mean that we are affiliated with the third party website’s owners or sponsors. Your use of third party websites is subject to the terms and conditions of use and other policies contained within each of those websites. We may terminate a link to a third party website at any time without notice and without liability to you.

 

16.       Consequences of Breaching this User Agreement

 

Any failure to comply with this User Agreement or any misrepresentation of any information furnished to Stroom or its affiliates by you or anyone acting on your behalf may result in the immediate suspension or termination of your user account and access to the Site without notice or liability to you. This is without prejudice to any other rights or remedies we have under this User Agreement or under applicable law.

 

17.       General Provisions

 

This User Agreement operates to the fullest extent permissible by applicable law. If any provision (or part thereof) of the User Agreement is unlawful, void or unenforceable, that provision (or part thereof) is deemed severable from the User Agreement and does not affect the validity and enforceability of any remaining provisions (or part thereof).

Nothing in the User Agreement shall be construed to create a partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

You may not assign or otherwise transfer any of your rights or obligations under this User Agreement without the prior written consent of Stroom, and any attempted assignment or transfer without such consent will be void. Stroom may assign, sub-contract or novate any of its rights and/or obligations under this User Agreement.

If we fail to insist that you perform any of your obligations under the User Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

This User Agreement and the documents incorporated by reference constitute the entire agreement between you and Stroom with respect of your access and use of the Site and participation in the Program.

 

18.       Governing Law

 

Ireland is the place of performance in respect of this Site. This User Agreement and any dispute or claim arising out of or in connection with it are, or their subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Ireland, and you agree that the courts of Ireland have exclusive jurisdiction to hear and determine any actions or proceedings that may arise out of or in connection with the User Agreement. However, this does not prevent us from instituting proceedings outside of Ireland.

 

19.       Contacting Us

 

If you have any questions, requests or complaints regarding this User Agreement please contact us using the following information:

 

Web:   www.stroom.ie

Email: [email protected]

Postal address: Stroom Limited, Suite 5161, Unit 1, 77 Sir John Rogerson's Quay, Dublin 2.

 

Version 1.0 Effective September 2015