Terms Of Use

1. Introduction

Thank you for visiting An Sionnach Fionn, an independent media website or non-commercial “blog”. Please read these Terms of Use carefully as they constitute a binding legal agreement between you (the user) and An Sionnach Fionn.

By viewing this website, whether it is through AnSionnachFionn.com, Twitter, Facebook, Flipboard, email or any other platform you acknowledge that you have read, understood and agreed to be bound by these Terms of Use. If you do not agree then you must not use this site.

2. Privacy

Your privacy is important to An Sionnach Fionn. Please read the Privacy Statement to see how An Sionnach Fionn collects, uses and protects your personal information. An Sionnach Fionn recommends that you do this before using this site.

3. Changes to Terms of Use

An Sionnach Fionn may change, modify, add to or delete portions of these Terms of Use at any time. It is your responsibility to regularly review the Terms of Use for changes. By continuing to use the site you agree to these changes.

4. Your use of AnSionnachFionn.com

AnSionnachFionn.com is made available for your personal, non-commercial use only, except where otherwise authorised by An Sionnach Fionn.

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 An Sionnach Fionn 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 comments, suspension of commenting privileges and/or banning.

(a) Your Posts

An Sionnach Fionn is committed to providing an open forum for discussion on stories in the news. An Sionnach Fionn has a comments section available to its users on its website to facilitate such discussion and debate. Please note that you are liable for the contents of any comments you post on the website. An Sionnach Fionn is not liable whatsoever for any comments posted on its website or related platforms by users. Any views or comments expressed in the user posts are not necessarily the views of An Sionnach Fionn.

An Sionnach Fionn strongly advises that you read these Terms of Use and the separate Comments Policy before posting any comments on AnSionnachFionn.com.

Please note that users aged 13 or over but under the age of 18 must obtain the consent of a parent or legal guardian each time such user wishes to post a comment on An Sionnach Fionn.

An Sionnach Fionn is not responsible for and does not endorse the contents of users’ posts or warrant the accuracy, truthfulness, legality or reliability of users’ posts. You are entirely responsible for material which you post. You agree to fully indemnify An Sionnach Fionn in the event of any legal proceedings being brought against An Sionnach Fionn in consequence of your posting a comment. For the avoidance of doubt, the indemnity you give to An Sionnach Fionn is effective in respect of any and all legal proceedings including any and all possible causes of action that may result from any breach of these Terms of Use, the Comments Policy and/or applicable law.

An Sionnach Fionn expects you to act responsibly in posting comments. You agree, through use of this service, not to post any material which:

  • Violates the criminal law;
  • Promotes or encourages illegal activity;
  • Is defamatory, invasive of privacy, abusive, harassing, threatening, profane, violent, sexually explicit, or which otherwise violates the rights of others;
  • May prejudice ongoing civil or criminal proceedings, violate the sub judice rule or may otherwise amount to a contempt of court;
  • Infringes the copyright, patent, trade mark, trade secret, database right, right of privacy or publicity or other proprietary or intellectual property right of any party;
  • Includes any spam, unauthorised advertising or any other form of commercial publicity;
  • Is irrelevant, repetitive or imposes an unreasonable or disproportionately large load on the site servers, bandwidth or infrastructure;
  • Falsely claims to be sponsored or endorsed by An Sionnach Fionn; or
  • Contains any virus, Trojan horse, worm or similar harmful and/or disruptive material.

Due to the real-time nature of the website, AnSionnachFionn.com cannot and is not required to review the contents of posted comments, nor does it confirm the validity of information submitted.

An Sionnach Fionn hereby notifies you that it does not actively monitor users’ comments and, as such, is not responsible for and gives no warranty or representation in relation to users’ comments. Users are encouraged to bring any comment they deem offensive or objectionable to the attention of An Sionnach Fionn by using the online contact form identifying the specific material that they consider is objectionable. You will be asked to give your reasons for wanting the comment removed. If you simply disagree – or agree – with the sentiments being expressed in a comment, you can use the thumbs up/thumbs down function.

While An Sionnach Fionn does not monitor comments, it reserves the right to take down material that comes to its attention via a complaint or otherwise. Commenters who repeatedly flout An Sionnach Fionn’s Comments Policy or these Terms of Use will be barred from joining discussions on AnSionnachFionn.com, so far as is possible. This operates on a “three-strikes-and-you’re-out basis”: if An Sionnach Fionn has to remove three comments posted by you, you will be blacklisted. You will not necessarily be notified when comments are removed. An Sionnach Fionn will not enter into any correspondence with or about users who have been blacklisted.

An Sionnach Fionn reserves 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 the sole discretion of An Sionnach Fionn.

An Sionnach Fionn reserves the right to reveal your identity (or whatever information it knows about you) in the event of legal action arising from any message posted by you.

By posting any material on An Sionnach Fionn, you grant An Sionnach Fionn 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, sub-licensee, 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 An Sionnach Fionn you represent and warrant that: (a) you own the material posted by you or otherwise have the right to grant the licence above, and (b) 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.

(b) Capacity

An Sionnach Fionn is not directed at children younger than 13 and therefore children under the age of 13 are not permitted to view this site. An Sionnach Fionn cannot guarantee that all content on the site will be suitable for minors.

An Sionnach Fionn cannot and is not required to verify the age of users of the site.

An Sionnach Fionn hereby notifies you that by posting a comment on the website you hereby undertake that you are over the age of 18 or that you are 13 years or over and have obtained the consent of a parent or legal guardian each time you post a comment.

If you are aged 13 or over but under the age of 18 you must obtain the consent of a parent or legal guardian each time you post a comment on An Sionnach Fionn.

If you are using An Sionnach Fionn as a representative of a company or other entity, you represent that you have the authority to enter into these Terms of Use on behalf of that company or entity, and agree that the terms “you” and “your” in this agreement refers to your company or other entity.

5. Intellectual Property

All intellectual property rights in the website design, text, graphics, the selection and arrangement thereof and all software vest in An Sionnach Fionn unless otherwise stated. An Sionnach Fionn reserves all of its rights.

You acknowledge that all trade marks, 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, trade marks and other intellectual property rights in and relating to An Sionnach Fionn are solely owned by An Sionnach Fionn.

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, the material at An Sionnach Fionn without written permission. This does not preclude “fair use” of materials for non-commercial purposes. An Sionnach Fionn welcomes fair and moderate use of extracted materials if properly attributed to An Sionnach Fionn.

6. Copyright Policy

The policy of An Sionnach Fionn is to respect the copyright of others and it strives 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 this website infringes copyright, please report it using An Sionnach Fionn’s contact form identifying the specific material that is claimed to be infringing and providing sufficient information to permit An Sionnach Fionn to contact the complaining party.

An Sionnach Fionn does 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 An Sionnach Fionn using the contact form identifying the specific material, the link and providing sufficient information to permit An Sionnach Fionn to contact the complaining party.

7. Site Searching, Indexing and Screenscraping

You agree not to modify, adapt, translate, or reverse engineer any portion of An Sionnach Fionn, nor to use any robot, spider, site search/retrieval application, or other device to retrieve, index or screenscrape any portion of the site, except as expressly authorised in writing by An Sionnach Fionn. You agree not to reformat or frame any portion of the site. You agree to respect and follow the restrictions imposed by An Sionnach Fionn robots.txt file.

8. Your Feedback and Suggestions to An Sionnach Fionn

From time to time users contact An Sionnach Fionn with feedback, suggestions and submissions about An Sionnach Fionn and how to improve the site and services An Sionnach Fionn offers. An Sionnach Fionn welcomes your input, and the following terms ensure that An Sionnach Fionn can use your contributions to improve the site.

You do not have to submit anything to An Sionnach Fionn about An Sionnach Fionn, but if you do you acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or any other submissions to An Sionnach Fionn which may improve An Sionnach Fionn’s products, services, or offerings shall become An Sionnach Fionn property unless otherwise agreed by An Sionnach Fionn.

By making a submission to An Sionnach Fionn about An Sionnach Fionn, you grant a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty free right to An Sionnach Fionn 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 An Sionnach Fionn, without any further consent, notice and/or compensation to you or to any third parties.

If you do not want to grant An Sionnach Fionn the rights set out above, please do not make submissions to An Sionnach Fionn about An Sionnach Fionn.

9. Defamatory Content

An Sionnach Fionn operates on a “notice and take-down” basis. If you believe that any content on AnSionnachFionn.com contains a defamatory statement, please notify ASF immediately by using the contact form. Once this notification has been received, An Sionnach Fionn will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.

10. Disclaimer and Waiver

An Sionnach Fionn does not give any warranty or make any representation as to the accuracy or completeness of the information contained on this site. Material posted on the site is not intended to amount to advice on which reliance should be placed. An Sionnach Fionn therefore disclaims 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 the website An Sionnach Fionn does not warrant that the website is free from infection by viruses or anything else that has contaminating or disruptive properties.

Under no circumstances shall An Sionnach Fionn 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 An Sionnach Fionn be liable 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 An Sionnach Fionn, or the possibility of it was brought to An Sionnach Fionn’s attention.

You acknowledge that your use of AnSionnachFionn.com including any material downloaded or otherwise obtained through the site 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 An Sionnach Fionn for any loss, damage, costs or injury arising from such use.

11. Links to Other Websites

AnSionnachFionn.com contains links to websites operated by third parties over which An Sionnach Fionn has no control. These links are provided for your convenience only and do not amount to an endorsement or recommendation of those sites. An Sionnach Fionn does not exercise any control or supervision over the content of these linked sites. AnSionnachFionn.com is 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 AnSionnachFionn.com.

An Sionnach Fionn accepts 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 the AnSionnachFionn.com 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 AnSionnachFionn.com adheres.

12. Indemnity

You agree to indemnify, defend (at the request of An Sionnach Fionn) and hold harmless An Sionnach Fionn from and against any claim, demand, loss, damage, cost, or liability including reasonable legal expenses, made or brought by any third party due to or arising out of:

  • Your use of AnSionnachFionn.com or any part thereof;
  • The violation of these Terms of Use, An Sionnach Fionn’s Privacy Policy, An Sionnach Fionn’s Comments Policy and An Sionnach Fionn’s Copyright Policy by you;
  • The infringement or misappropriation by you, or a third party using your computer, of any account or password to access and/or use AnSionnachFionn.com; or
  • The infringement by you of any intellectual property rights.

13. Entire Agreement / No Waiver

These Terms of Use, An Sionnach Fionn’s Privacy Statement, An Sionnach Fionn’s Comments Policy and An Sionnach Fionn’s Copyright Policy make up the entire agreement between you and An Sionnach Fionn and supersede any prior agreement. Any amendment to or waiver of this agreement must be in writing and signed by An Sionnach Fionn’s owner or authorised representatives. Failure to enforce any provision of this agreement shall not amount to a waiver of such provision.

14. 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.

15. Availability of Service

An Sionnach Fionn may at its sole discretion and at any time discontinue temporarily or permanently AnSionnachFionn.com or any part thereof with or without notice.

You agree that any termination of access to the site under any provision of these Terms of Use may be effected without notice.

AnSionnachFionn.com may be temporarily unavailable from time to time for maintenance or other reasons. An Sionnach Fionn accepts 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, An Sionnach Fionn will use reasonable efforts to give users fair notice of technical difficulties or termination or suspension of their access to AnSionnachFionn.com. However you agree that An Sionnach Fionn shall not be liable to you or any third party for any inability to access the site, termination or suspension of access to the site or modification of the service provided.

16. Advertising

In partnership with WordAds, AnSionnachFionn.com features a limited number of discrete advertisements. The types of ads, placement, target audiences, data collection and so on are the sole responsibility of WordsAds. The website accrues a limited income from its WordAds’ partnership, which is offset against administrative costs (registration fees with WordPress.com – a service provider from Automattic, Inc. – and so on).

An Sionnach Fionn does not presently accept commercial sponsorship.

17. About An Sionnach Fionn

An Sionnach Fionn is an independent, non-corporate, non-profit media platform or “blog”. It is not a commercial company or enterprise. The website, An Sionnach Fionn, is registered in Scottsdale, Arizona, and hosted in San Francisco, California. It is hosted by WordPress.com, an Automattic company. The site and its contents are subject to the state and federal laws of the United States of America.

Current Revision, 14: 23.05.2017

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