TERMS & CONDITIONS
CONNECTED HUBS
Effective Date: 7th May, 2021
1. General and Acceptance
BY USING AND/OR VISITING THE WWW.CONNECTEDHUBS.IE WEBSITE AND/OR ANY
SUB-WEBSITE OF WWW.CONNECTEDHUBS.IE (as defined below; collectively, including
all content available through the Connected Hubs.ie domain name and/or any App
such as Android & iOS Apps, the
"Connected Hubs Website", or "Website"), is owned,
maintained and operated by Western Development Commission. ("Connected
Hubs") and by USING ANY OF THE SERVICES PROVIDED ON THE WEBSITE (as
defined bellow) YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the
"Terms of Use" or "Agreement") AND THE TERMS AND CONDITIONS
OF CONNECTED HUBS' PRIVACY POLICY, WHICH ARE PUBLISHED AT http://www.ConnectedHubs.ie,
AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of
these terms, then please do not use the Connected Hubs Website. The Terms of
Use constitute a binding legal agreement between You as user ("you")
and the subsidiaries and/or affiliates of Connected Hubs (the "Connected
Hubs Affiliates"). Connected Hubs collaborates with the Connected Hubs
Affiliates, from time to time, in order to facilitate the delivery of services
to its Users and to collect payments. For the purpose of these Terms of Use, a
"Sub-website" of Connected Hubs shall be considered as any website
which is part of the Connected Hubs service offering and which refers to these
Terms of Use as the terms governing the use of such websites. This Terms of Use
Agreement sets forth the legally binding terms for your use of the Connected
Hubs Services and they shall apply to all users of the Connected Hubs Website,
including users offering content and/or other materials or services on or
through the Website. By using the Connected Hubs Services, you agree to be
bound by this Agreement. You are only authorized to use the Connected Hubs
Services (regardless of whether your access or use is intended) if you agree to
abide by all applicable laws and to this Agreement. PLEASE READ THIS AGREEMENT
CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE THE CONNECTED
HUBS WEBSITE AND DISCONTINUE USE OF THE CONNECTED HUBS SERVICES IMMEDIATELY. IF
YOU WISH TO BECOME A MEMBER AND MAKE USE OF THE CONNECTED HUBS SERVICES, YOU
MUST READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE DURING THE REGISTRATION
PROCESS. In order to participate in certain Connected Hubs Services, you may be
required to agree to additional terms and conditions. Unless otherwise provided
by the additional terms and conditions applicable to the Connected Hubs
Services in which you choose to participate, those additional terms are hereby
incorporated into this Agreement as an integral part hereof. Connected Hubs may
modify this Agreement from time to time and such modification shall be
effective upon posting by ConnectedHubs.ie on the Website. You agree to be
bound to any changes to this Agreement when you use the Connected Hubs Services
after any such modification is posted. It is therefore important that you
review this Agreement regularly to ensure you are updated as to any changes.
2. Eligibility
Use of and Membership in the Connected Hubs Services is void where
prohibited. By using the Connected Hubs Services, you represent and warrant
that (a) all registration information you submit is truthful and accurate; (b)
you will maintain the accuracy of such information; (c) you are 13 years of age
or older; and (d) your use of the Connected Hubs Services does not violate any
applicable law or regulation. Your profile may be deleted and your Membership
may be terminated without warning, if we believe that you are less than 13
years of age. Minors are not allowed to purchase Premium/Upgraded Services or
any Applications (as defined below). Accordingly, by purchasing such services
the user declares and represents that he/she/they is more than 18 years of age and
that he/she/they has full legal capacity to complete such contractual action without
need for any additional approvals or consents.
3. Provided Services
Subject to full compliance with the Terms of this Use Agreement, Connected
Hubs shall provide certain services, as described more fully on the Website
("Services"). Services may include, but not be limited to, the
formation, designing, storage, management, sharing and linking of media and/or
document files (including, but not limited to text, user comments, messages,
information, data, graphics, photographs, images, illustrations, animations,
software, audio and video, also collectively known as the "Content").
Please note that part of the Services (or special features) may be provided
only to Users who subscribe for such Services and Connected Hubs may charge
fees for such Services. The Services are provided by Connected Hubs AS IS and Connected
Hubs assumes no responsibility for any failure in providing the Services to the
Users. Connected Hubs may change, suspend or discontinue any or all of the
Services or any Content for any reason, at any time, including the availability
of any feature or part of the Content at its sole discretion. Connected Hubs
may also impose limits on all or any of the Services or restrict your access to
parts or all of the Services without notice or liability. Connected Hubs may charge
fees for the use of the Services or part of them and may include advertisements
or other commercial content in any Connected Hubs product or image or webpage
including such which have been created by users unless stated otherwise. The
Premium/Upgraded Services provided by Connected Hubs (as defined on the
Website) are provided according to the provisions of this Agreement and the
specific commercial provisions and policies (including Cancellation Terms,
Refund Policy etc.) as detailed on the Website, and such provisions and
policies as may be amended or changed from time to time, are incorporated
herein by reference and shall be considered as an integral part hereof.
4. General Undertakings
You accept sole responsibility for all of your activities using the
Website, including your conduct on the site and any and all content you may
submit, post or share via the Website. You will not use the Connected Hubs.ie
services for any unauthorized or illegal purpose. You will be responsible for
ensuring that you do not violate any laws of your jurisdiction, including but
not limited to copyright laws. You will not upload or transmit viruses, worms
or any other destructive code.
5. The Connected Hubs Website
The Connected Hubs Website may contain third party content and links to
third party websites that are not owned or controlled by Connected Hubs. Connected
Hubs has no control over, and assumes no responsibility for, the content,
privacy policies, or practices of any third party content or websites or any of
their contents. In addition, Connected Hubs will not and cannot censor or edit
the content of any third-party site. By using the Website, you expressly
relieve Connected Hubs from any and all liability arising from your use of any
third-party website. Accordingly, we encourage you to be aware when you leave
the Connected Hubs Website and to read the terms and conditions, and privacy
policy of each other website that you visit.
6. Website Access
A. Connected Hubs hereby grants you permission to use the Website & Hub Profiles as set
forth in these Terms of Use, provided that: (i) you will not alter or modify
any part of the Website other than as may be reasonably necessary to use the
Website for its intended purpose and/or in a manner allowed by Connected Hubs;
and (ii) you will otherwise comply with the terms and conditions of these Terms
of Use. B. In order to access some features of the Website, you will have to
create an account. You may never use someone else's account without permission.
When creating your account, you must provide accurate and complete information.
You are solely responsible for the activity that occurs on your account, and
you must keep your account password secure. You accept sole responsibility for
keeping your password secure. You must notify Connected Hubs immediately of any
breach of security or unauthorized use of your account. Although Connected Hubs
will not be liable for your losses caused by any unauthorized use of your
account, you may be liable for the losses of Connected Hubs or others due to such
unauthorized use.
7. Third Party Content
A. Linked Third Party Content: Connected Hubs enables you to link to
images, animations, videos, audio, fonts, and other content hosted on third
party websites (the "Linked Content�). As a registered user, your creation
is saved by Connected Hubs, but this is separate from the Linked Content, and
the existence of your creation in Connected Hubs does not affect in any manner
the ability to view or use Linked Content. If the Linked Content is no longer
available or accessible to a user, then those portions of your creation that
reference the Linked Content will not work. Connected Hubs may provide its
users the ability to embed images, animations, videos, audio, fonts, and other
content owned or provided by third parties into Connected Hubs created content.
In such case, the use of such third party content shall be subject to the
compliance with the provisions of these Terms of Use and in addition, the terms
of use / end user license agreement of the third party owning or providing the
used content. The terms for the use of any Applications offered by Connected
Hubs shall be according to the specific terms set forth in Section 10 below. B.
Third Party Content: Connected Hubs may provide on the Website (including in
the editor and/or in templates offered to the Users) certain content such as
pictures, fonts, graphical items which are subject to proprietary rights of
third parties ("Third Party Content"). You acknowledge and agree that
Connected Hubs shall have the right, at any time, at is sole and exclusive
discretion to: (i) remove from the Connected Hubs Website and/or disable access
to such Third Party Content; or (ii) demand that you immediately remove such
Third Party Content from any website or other web platform created and/or
published by you on the Connected Hubs Website ("Your Connected Hubs
Content"). If you do not obey to such instructions, and you do not remove
the Third Party Content from Your Connected Hubs Content within no later than
24 hours from the time on which Connected Hubs provided you the relevant
notice, Connected Hubs SHALL HAVE THE RIGHT TO DISABLE THE ACCESS TO YOUR Connected
Hubs CONTENT AND/OR DELETE IT AT ITS SOLE AND EXCLUSIVE DISCRETION, WITH NO
LIABILITY TO Connected Hubs, AND YOU SHALL NOT BE ENTITLED TO ANY REIMBURSEMENT
OF ANY AMOUNT PAID BY YOU TO Connected Hubs. To remove any doubt it is hereby
made clear that the provisions of this section above shall apply to any content
provided to Users on the Website and which Connected Hubs requires its removal
for any reason. You shall: (i) not take any action of reverse engineering,
decompiling or disassembling of any Third Party Content in a manner that
enables Users to download such Third Party Content; (ii) not make any
modification, duplicate, distribute, display, sublicense, retransmit,
reproduce, create derivative works from, transfer, sale or other use of any
Third Party Content, except as specifically provided and allowed by Connected
Hubs; and (iii) use the Third Party Content in a manner consistent with the
restrictions set forth in the Website and as may be updated from time to time.
8. Online Sharing through Third Party Services
Connected Hubs enables you to share your Hubs and/or User Content
(as defined below) through third party websites, blogs or email systems. When
sharing your Hubs through third party services you shall continue to
comply with all provisions of this Agreement. You are also required to comply
with the terms of any of the services through which you are sharing your
creation.
9. Third Party Services
You are fully aware of the fact that Connected Hubs shall not have any
responsibility or liability with regard to any third party services used by you
on or through your Connected Hubs formed web content, such as payment and
e-commerce services, and any use of such third party services shall be at your
own responsibility and liability. You further acknowledge that the providence
of technical ability to link to such services (such as the possibility of a 'Stripe
Payments' button), is provided only as part of the Services but shall not be
deemed as to create any liability or responsibility on behalf of Connected Hubs.
10. Application Marketplace
A. General: Connected Hubs may offer its Users through the Website
(including as part of templates offered by Connected Hubs and as part of the
offering in the Connected Hubs Application Marketplace located at: www.Connected
Hubs.ie; the "Marketplace") various applications and professional
services that can be used in conjunction with or as part of the web Content
created by Users Marketplace ("Applications"). Marketplace Applications may be provided and
operated by Connected Hubs or by third-parties not affiliated with Connected
Hubs. The provider of each Application is clearly identified in the Website or,
in event of Application embedded into templates, can be easily identified by
the Users. You agree that Connected Hubs is not responsible for any Application
that is offered by any source other than Connected Hubs. Additionally, some
Applications may be made available to Users at no charge while the use of other
Applications or certain features or abilities of Applications may require
payment. The purchase and/or the use of Applications are offered only to Connected
Hubs Users. Accordingly, if You are not registered as a Connected Hubs User or
if your Connected Hubs account has been suspended, you will not be able to
purchase or use Applications. Applications may be provided to Users by Connected
Hubs as an integral part of a template offered on the Connected Hubs Website.
In such event, the User using such template shall be notified in a manner
determined by Connected Hubs that it includes a third party Application and
that the use of such template may require the purchase of such Application
and/or consent to terms and conditions determined by the provider of the
Application. B. Availability of Applications: Connected Hubs shall have the
right, at its sole discretion (including but not limited to an event of
violation of any legal agreement, law, regulation or policy) and with no need
to provide a notice, to permanently or temporarily discontinue the availability
of any Application (or of any features or components thereof). You agree that
in such event Connected Hubs shall have the right, in addition to the
discontinuation of the offering of such Application to remotely remove such
Application from Your Connected Hubs Content at its sole discretion. In such
event, You shall have no claims towards Connected Hubs as result of any loses
of data or other content. C. Terms of Application Purchase: The terms for the
purchase of an Application shall be as determined by the provider of such
Application (Connected Hubs or a third party) as provided on the Connected Hubs
Website including in the Marketplace (the "Marketplace Terms"). By purchasing
and/or downloading and Application You agree to be bound by and to abide by the
App Terms of such Application. You agree that You are solely responsible for
all fees associated with purchases of any Applications according to the
respective App Terms. You agree to use the Applications only for purposes that
are permitted by (a) the App Terms and (b) any applicable laws and regulations.
D. Responsibility and Liability: You acknowledge that other than Applications
offered and provided by Connected Hubs, all Applications are offered on an
AS-IS basis and Connected Hubs shall have no responsibility in relation to the
proper functionality and/or availability of any Application. The entity or
person providing an Application shall have the sole and exclusive
responsibility for availability, maintenance, bug fixing, support (including by
linking from the Application) and proper functioning of the respective
Application. You agree that You are solely responsible for and that Connected
Hubs has no responsibility to you or to any third party for your use of the Marketplace and/or any Application, any breach of your obligations under the Marketplace Terms, and for the consequences (including loss or damage of any kind which Connected
Hubs may suffer) of any such breach. It shall be noted that unless clearly
provided otherwise on the Website, upgrade of your Connected Hubs content by
purchasing Charged Services (as defined below) shall not include purchasing of
any other services or upgrades of any Application. E. Ownership of Rights: Connected
Hubs or third parties providing Applications shall own all right, title and
interest in and to the Marketplace and the Applications offered to Users,
including without limitation all applicable Intellectual Property Rights in the
Applications.
11. Fees and Payment
Some of the Services offered on the Website require payment of fees
("Charged Services"). If you elect to sign up for Charged Services,
you shall pay all applicable fees, as described on the Website in connection
with such Charged Services selected by you. Hubs on the ConnectedHubs.ie website or app reserves the right
to change its prices at any time. You authorize Connected Hubs or Hubs directly or
through third parties, to make any inquiries it considers necessary to validate
your account and financial information that you provided while signing up for
such Services. Please note that according to internal agreements, Hubs are entitled to collect fees from Users on behalf of the Charged Services,
to process any payments and/or refunds and/or take any billing actions as
required in connection with the collection of the fees on behalf of the Charged
Services. All fees are exclusive of all taxes, levies, or duties imposed by
taxing authorities, and you shall be responsible for payment of all such taxes,
levies, or duties. You agree to pay any such taxes that might be applicable to
your use of the Services and payments made by you to Hubs on the ConnectedHubs.ie or App. All fees
related to using Charged Services are charged automatically using the payment
method as determined in the Website. If Connected Hubs does not receive a
request by the user, through the Hubs section under Connected Hubs
Website, for Charged Services termination you acknowledge and understand that Hubs will continue to charge you for the Charged Services as long as your
account remains active regardless if the Charged Services are used or not. If,
at any time, you contact your bank or credit card company and decline or
otherwise reject the charge of any payable fees, this act will be considered a
breach of your obligation hereunder and your use of the Charged Services will
be automatically terminated. Your use of the Charged Services will not resume
until you re-subscribe for any such Charged Services. Users purchasing Charged
Services shall pay any and all prices and fees due for such Services. All
prices and fees are non-refundable unless otherwise expressly noted, even if
such Charged Services are suspended, terminated, or transferred prior to the
end of the Services term. Hubs on Connectedhubs.ie or App expressly reserves the right to change
or modify its prices and fees at any time, and such changes or modifications
shall be posted online at the Website and effective immediately without need
for further notice to any user. Any changes or modifications in prices and fees
shall be effective when the Services in question come up for renewal as further
described below. IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION
OR LOSS OF SERVICES, MOST SERVICES OFFER AN AUTOMATIC RENEWAL OPTION. THE
AUTOMATIC RENEWAL OPTION AUTOMATICALLY RENEWS THE APPLICABLE SERVICE FOR A
RENEWAL PERIOD EQUAL IN TIME TO THE ORIGINAL SERVICE PERIOD. FOR EXAMPLE, IF
YOUR ORIGINAL SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR
ONE YEAR. WHILE THE DETAILS OF THE AUTOMATIC RENEWAL OPTION VARY FROM SERVICE
TO SERVICE, THE SERVICES THAT OFFER AN AUTOMATIC RENEWAL OPTION TREAT IT AS THE
DEFAULT SETTING. THEREFORE, UNLESS YOU CANCEL YOUR SUBSCRIPTION ON CONNECTEDHUBS.IE or APP OF THE HUB(S) WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL,
AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH THE HUBS THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE
MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. YOU MAY
CANCEL YOUR SUBSCRIPTION FROM SUCH SERVICES PRIOR TO THE AUTOMATIC RENEWAL AT
ANY TIME. IN SUCH EVENT THE SERVICES SHALL BE DISCONTINUED UPON THE EXPIRATION
OF THE RESPECTIVE PERIOD YOU HAVE PAID FOR AND YOU SHALL NOT HAVE ANY CLAIMS
TOWARDS CONNECTEDHUBS WEBSITE OR APP OR HUBS IN RELATION TO THE DISCONTUATION OF THE SERVICES.
12. Ownership of Content
Connected Hubs does not have the ability to determine the actual owner
of content created and/or uploaded to the Website. Accordingly: (i) in respect
to content (such as websites, webpages and widgets) created and/or uploaded to
the Website by a Hub User, the owner of such content shall be considered as the
Connected Hubs User listed as the owner of the Connected Hubs account under
which the content has been created or uploaded to the Website; (ii) in respect
to profiles created on Connected Hubs' Website and which have an external URL
(i.e. a domain name imported or purchased as part of a "Premium
Upgrade"), Connected Hubs shall consider the owner of such website as the
person or entity registered as the owner of the domain according to the WHOIS
database as provided on the www.whois.net website. To remove any doubt, the
identity of the person or entity that has paid Connected Hubs for the Charged
Services shall not be considered by Connected Hubs as creating any ownership or
other rights in or in relation to such website; Connected Hubs shall not
provide any information and/or details regarding any content created or
uploaded to the Website other than to the owners of such content as determined
above.
13. Cancellation & Money Back
The Connected Hubs Charged Services are provided on a prepay basis. Connected
Hubs users may decide to discontinue their use of any Charged Services at any
time. Such cancellation is done by the users themselves on the Connected Hubs
Website and according to the instructions posted therein. The date and time of
any cancellation of the use of any Charged Services shall be the date and time
on which the user has completed the cancellation process on the Connected Hubs
Website. Connected Hubs will only refund you according to its Money Back
Guaranty Policy. Connected Hubs offers a 14-day money back guaranty
("Guaranty Period"). In case you are not satisfied with any of the
Charged Services you have acquired and you have provided a cancellation notice,
you can submit a refund request in accordance with our Money Back Guaranty
Policy, as may be amended from time to time, within the Guaranty Period in
order to receive full refund. Connected Hubs will not refund any amounts paid
after the elapse of the Guaranty Period. YOU ACKNOWLEDGE THAT CERTAIN SERVICES
PURCHASED ON OR THROUGH THE WEBSITE (INCLUDING PURCHASE OF APPLICATIONS) MAY BE
NON-REFUNDABLE. THE TERMS OF EACH PURCHASED SERVICE OR APPLICATION ARE
INDICATED IN THE WEBSITE AND/OR AS PART OF OR DURING THE PROCESS OF PURCHASING
SUCH SERVICES OR APPLICATION. IT IS YOUR OBLIGATION TO VERIFY YOUR ABILITY TO
CANCEL A SERVICE PRIOR TO PURCHASING ANY CHARGED SERVICE. Connected Hubs WILL
NOT REFUND ANY AMOUNTS PAID FOR NON-REFUNDABLE CHARGED SERVICES.
14. Intellectual Property Rights
The Content on the Connected Hubs Website (as defined above), except for
all User Content (as defined below), is subject to copyright and other intellectual
property rights under local and international laws conventions. To the best of
its knowledge, Connected Hubs uses only Content which is allowed and permitted
for use by the owner/s of the copyrights and other intellectual property rights
therein. Content on the Website is provided to you AS IS only and it may not be
used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold,
licensed, or otherwise exploited for any other purposes whatsoever without the
prior written consent of the respective owners (if such consent is required)
(outside of a Connected Hubs document). Connected Hubs reserves all rights not
expressly granted in and to the Website and the Content. You agree to not
engage in the use, copying, or distribution of any of the Content other than
expressly permitted herein, including any use, copying, or distribution of User
Content of third parties obtained through the Website for any commercial
purposes. You agree not to circumvent, disable or otherwise interfere with security
related features of the Connected Hubs Website or features that prevent or
restrict use or copying of any Content or enforce limitations on use of the Connected
Hubs Website or any of the Content therein.
15. User Content
A. The Connected Hubs Website permits the submission and uploading of
Content submitted by you and other users ("User Content") and the
hosting, sharing, and/or publishing of such User Content. You understand that
whether or not such User Content is published, Connected Hubs does not
guarantee any protection with respect to such User Content. B. YOU UNDERSTAND
THAT ALL USER CONTENT IS UNDER THE SOLE RESPONSIBILITY OF THE USER UPLOADING
SUCH CONTENT. YOU, AND NOT Connected Hubs, ARE ENTIRELY RESPONSIBLE FOR ALL
CONTENT THAT YOU UPLOAD, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE VIA THE
SERVICE. Connected Hubs DOES NOT CONTROL THE CONTENT POSTED VIA THE SERVICE
AND, AS SUCH, DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF SUCH
CONTENT OR THAT ITS UPLOADING DOES NOT INFRINGE ANY THIRD PARTY RIGHTS. C.
WHILE Connected Hubs IS NOT RESPONSIBLE FOR AND DOES NOT REVIEW THE USER
CONTENT, Connected Hubs RESERVES THE RIGHT TO DELETE ANY SUCH USER CONTENT THAT
Connected Hubs DEEMS, IN ITS SOLE DISCRETION, RACIST, HURTING, ABUSING, ILLEGAL,
OR UNACCEPTABLE FOR ANY REASON AND WITH NO NEED TO PROVIDE EXPLANATIONS. D. Connected
Hubs does not claim any intellectual property rights over the User Content and
any such Content shall be considered as granted the rights under the user
selection for the copyrights in the appropriate selection in the Connected Hubs
website. With respect to Content you submit or make available for inclusion on
publicly accessible areas of the Connected Hubs Website, the Content shall be
deemed and considered as license to use, distribute, reproduce, modify, adapt,
publicly perform and publicly display such User Content on such publicly
accessible areas of the Connected Hubs Website and Service, and might also be
accessible from other websites. With respect to Content you submit or make
available for editing by other users of the Connected Hubs Website, the
uploading of such Content shall be deemed and considered as license to use,
distribute, reproduce, modify, adapt, publicly perform and publicly display
such Content on such publicly accessible areas of the Connected Hubs Website
and Service and might also be accessible from other websites. Such license
shall be terminated only upon removal of such User Content (either by the user
or by Connected Hubs). E. IN CONNECTION WITH USER CONTENT, YOU FURTHER AGREE
THAT YOU WILL NOT: (I) SUBMIT MATERIAL THAT IS COPYRIGHTED OR OTHERWISE SUBJECT
TO THIRD PARTY PROPRIETARY RIGHTS, INCLUDING PRIVACY AND PUBLICITY RIGHTS,
UNLESS YOU ARE THE OWNER OF SUCH RIGHTS OR HAVE PERMISSION FROM THEIR RIGHTFUL
OWNER TO POST THE MATERIAL AND TO GRANT Connected Hubs AND/OR ANY OF ITS USERS
ALL OF THE LICENSE RIGHTS GRANTED HEREIN; (II) PUBLISH FALSEHOODS OR
MISREPRESENTATIONS THAT COULD DAMAGE Connected Hubs OR ANY THIRD PARTY; (III)
SUBMIT MATERIAL THAT IS UNLAWFUL, OBSCENE, DEFAMATORY, LIBELLOUS, THREATENING,
CHILD PORNOGRAPHY, HARASSING, HATEFUL, RACIALLY OR ETHNICALLY OFFENSIVE, OR
ENCOURAGES CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVE RISE TO
CIVIL LIABILITY, VIOLATE ANY LAW, ENCOURAGES USE OF DRUGS OR ALCOHOL, OR IS
OTHERWISE INAPPROPRIATE; (IV) IMPERSONATE ANOTHER PERSON. If you become aware
of misuse of the Connected Hubs Services by any person, please contact Connected
Hubs (according to the contact information in Section 24 below) or by email to:
abuse@ConnectedHubs.ie. Connected Hubs does not endorse any User Content or any
opinion, recommendation, or advice expressed therein, and Connected Hubs
expressly disclaims any and all liability in connection with User Content. F. COPYRIGHT.
Connected Hubs DOES NOT PERMIT COPYRIGHT INFRINGING ACTIVITIES AND INFRINGEMENT
OF INTELLECTUAL PROPERTY RIGHTS ON ITS WEBSITE, AND Connected Hubs WILL REMOVE
ALL INFRINGING CONTENT IF PROPERLY NOTIFIED THAT SUCH CONTENT INFRINGES ON
ANOTHER'S INTELLECTUAL PROPERTY RIGHTS. Connected Hubs respects the
intellectual property rights of others, and it is our policy to respond to
claims of alleged infringement that replies with the Digital Millennium
Copyright Act (the "DMCA"). If you believe that your work has been
copied in a way that infringes your copyrights, please email us at abuse@ConnectedHubs.ie
and provide all relevant details, including the exact location of the material
claimed to be infringing your rights, reasonable evidence of such pleaded
rights, and any other information as may be required. Repeat Infringer: Connected
Hubs reserves the right to remove Content and User Content without prior
notice. Connected Hubs will also terminate a User's access to its Website, if
they are determined to be a repeat infringer. A repeat infringer is a User who
has been notified of infringing activity more than twice and/or has had User
Content removed from the Website more than twice. Connected Hubs also reserves
the right to decide whether Content or User Content is appropriate and replies
with these Terms of Service for violations other than copyright infringement
and violations of intellectual property law. Connected Hubs may remove such
User Content and/or terminate a User's access for uploading such material in
violation of these Terms of Use at any time, without prior notice and at its
sole discretion. G. You understand that when using the Connected Hubs Website,
you will be exposed to User Content from a variety of sources, and that Connected
Hubs is not responsible for the accuracy, usefulness, safety, or intellectual
property rights of or relating to such User Content. You further understand and
acknowledge that you may be exposed to User Content that are inaccurate,
offensive, indecent, or objectionable, and you agree to waive, and hereby do
waive, any legal or equitable rights or remedies you have or may have against Connected
Hubs with respect thereto (if any), and agree to indemnify and hold Connected
Hubs, its Owners/Operators, affiliates, harmless to the fullest extent allowed
by law regarding all matters related to your use of the site.
16. Additional Prohibited Uses
In addition to all the above prohibitions, you agree that you will NOT
knowingly use the Service, among other things, to:(a) harm minors in any
way;(b) impersonate any person or entity, or falsely state or otherwise
misrepresent your affiliation with a person or an entity;(c) upload, post,
email, transmit, or otherwise make available any content that You do not have a
right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary, and confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements);(d) upload, post, email, transmit, or otherwise make
available any unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation;(e)
"Spamming" to promote your website or Content, or engaging in
unethical marketing, advertising, any other practice connected in any way to "spam"
including, sending content or emails which do not comply with the CAN-SPAM Act
of 2003;(f) upload, post, email, transmit, or otherwise make available any
material that contains software viruses or any other computer code, files, or
programs designed to interrupt, destroy, or limit the functionality of any computer
software or hardware or telecommunications equipment; or(g) intentionally or
unintentionally violate, attempt to violate, or avoid any applicable ICANN
regulation or policy; You agree to indemnify and hold Connected Hubs harmless
from any claims resulting from the use of the Services which damages you or any
other party. Connected Hubs reserves the right to investigate you, your
business, and/or your owners, officers, directors, managers, and other
principals, your sites, and the materials comprising the sites at any time.
These investigations will be conducted solely for Connected Hubs benefit, and
not for your benefit or that of any third party. If the investigation reveals
any information, act, or omission, which in Connected Hubs' sole opinion
constitutes a violation of any local, state, federal, or foreign law or
regulation, or these Terms of Use, Connected Hubs may immediately shut down the
site, and notify you of the action. You agree to waive any cause of action or
claim you may have against Connected Hubs for such action.
17. Security
You are responsible for maintaining the security of your account and
content, and you are fully responsible for all activities that occur under the
account and any other actions taken in connection with the website. You agree
to immediately notify Connected Hubs in writing of any unauthorized uses of
your account or any other breaches of security. Connected Hubs cannot and will
not be liable for any loss or damage from your failure to comply with this
security obligation. You acknowledge and agree that under no circumstances will Connected
Hubs be liable, in any way, for any acts or omissions by any Connected Hubs
User or other third party, including any damages of any kind incurred as a
result of such acts or omissions.
18. Warranty Disclaimer & Limitation of Liability
A. YOU AGREE THAT YOUR USE OF THE Connected Hubs WEBSITE SHALL BE AT
YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Connected Hubs, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Connected Hubs
MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS
OF THE CONTENT ON THE Connected Hubs WEBSITE OR THE CONTENT OF ANY SITES LINKED
TO THE Connected Hubs WEBSITE. B. IN NO EVENT SHALL Connected Hubs, ITS
OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER
RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Connected Hubs WEBSITE. THE
FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY LAW IN THE APPLICABLE JURISDICTION. C. YOU SPECIFICALLY ACKNOWLEDGE THAT Connected
Hubs SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE
FOREGOING RESTS ENTIRELY WITH YOU. D. Connected Hubs DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE Connected Hubs WEBSITE OR ANY HYPERLINKED
WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Connected Hubs WILL
NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. E. Connected Hubs
DOESN'T RECCOMEND THE USE OF THE SITE FOR HOSTING OF PERSONAL CONTENT AND SHALL
NOT BEAR ANY SECURITY RISKS REGARDING BREACH OR DAMAGE TO ANY USER CONTENT. F. Connected
Hubs MAKES NO REPRESENTATIONS THAT THE Connected Hubs WEBSITE IS APPROPRIATE OR
AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE Connected Hubs
WEBSITE FROM JURISDICTIONS PROHIBITING SUCH USE, DO SO AT THEIR OWN VOLITION
AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
19. Indemnity
You agree to defend, indemnify and hold harmless Connected Hubs, its
parent corporation, officers, directors, employees and agents, from and against
any and all claims, damages, obligations, losses, liabilities, costs or debt,
and expenses (including but not limited to attorney's fees) arising from: (i)
your use of and access to the Connected Hubs Website; (ii) your violation of
any term of these Terms of Use; (iii) your violation of any third party right,
including without limitation any copyright, property, or privacy right; or (iv)
any claim that your User Content caused damage to a third party. This defence
and indemnification obligation will survive these Terms of Use and your use of
the Connected Hubs Website.
20. Events Beyond Control
Under no circumstances shall Connected Hubs be held liable for any delay
or failure in this Website and/or any of the Services and/or information on the
Website directly or indirectly resulting from, arising out of, relating to or
in connection with events beyond the reasonable control of Connected Hubs,
including, without limitation, internet failures, equipment failures,
electrical power failures, strikes, labour disputes, riots, insurrections, civil
disturbances, shortages of labour or materials, fires, floods, storms,
earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles,
governmental actions, orders of courts, agencies or tribunals or
non-performance of third parties. The provisions of this paragraph are in
addition to, and not intended to limit or modify, the limitation of Limitation
of Liability section as stipulated above.
21. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may
not be transferred or assigned by you, but may be assigned by Connected Hubs
without restriction or limitations.
22. General
You agree that: (i) the Connected Hubs Website shall be deemed solely
based in Ireland; and (ii) the Connected Hubs Website shall be deemed a passive
website that does not give rise to personal jurisdiction over Connected Hubs, either
specific or general, in jurisdictions other than Ireland. These Terms of
Service shall be governed by the internal substantive laws of the State of
Ireland, without respect to its conflict of laws principles. Any claim or
dispute between you and Connected Hubs that arises in whole or in part from the
Connected Hubs Website shall be decided exclusively by a court of competent
jurisdiction located in Dublin, Ireland. The application of the United Nations
Convention of Contracts for the International Sale of Goods is expressly
excluded. These Terms of Use, together with the Privacy Policy and any other
legal notices published by Connected Hubs on the Website, shall constitute the
entire agreement between you and Connected Hubs concerning the Connected Hubs
Website. If any provision of these Terms of Use is deemed invalid by a court of
competent jurisdiction, the invalidity of such provision shall not affect the
validity of the remaining provisions of these Terms of Use, which shall remain
in full force and effect. No waiver of any term of these Terms of Use shall be
deemed a further or continuing waiver of such term or any other term, and Connected
Hubs' failure to assert any right or provision under these Terms of Use shall
not constitute a waiver of such right or provision. YOU AND Connected Hubs
AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Connected Hubs
WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS.
OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. By registering to
the Connected Hubs Website and providing your email address, you expressly
agree to receive promotional content from Connected Hubs, by mail or email,
from time to time. If you provide Connected Hubs with your phone number (at any
stage of use of the Services), Connected Hubs shall be entitled to call you or
send you promotional SMS notices from time to time. If you wish not to receive
such promotional content / notices, you may notify Connected Hubs at any time.
23. Customer Service Contact
To get in touch with our Customer Service - please use any of the options listed below: 1. Send an email message to: info@connectedhubs.ie during normal business hours (Monday - Friday between, 8AM - 5PM GMT+0). 2. Send us a Letter to: Western Development Commission, Dillon House, Ballaghaderreen, Co. Roscommon, Ireland. F45 WY26.