Terms & Conditions

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities ("Statement") governs our relationship with users and others who interact with IrishGathering. By using or accessing IrishGathering, you agree to this Statement.

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use IrishGathering to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

2. Sharing Your Content and Information

1. You own all of the content and information you post on IrishGathering, and you can control how it is shared through your privacy settings.
2. In addition: For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with IrishGathering ("IP License").
3. This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
4. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer.
5. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
6. When you publish content or information without using the "Keep Details Private" setting, it means that everyone, including people off of IrishGathering, will have access to that information and we may not have control over what they do with it.
7. We always appreciate your feedback or other suggestions about IrishGathering, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

3. Safety

We do our best to keep IrishGathering safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

1. You will not send or otherwise post unauthorized commercial communications (such as spam) on IrishGathering.
2. You will not collect users' content or information, or otherwise access IrishGathering, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on IrishGathering.
4. You will not upload viruses or other malicious code.
5. You will not solicit login information or access an account belonging to someone else.
6. You will not bully, intimidate, or harass any user.
7. You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
8. You will not offer any contest, giveaway, or sweepstakes ("promotion") on IrishGathering without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Sponsors Guidelines and all applicable laws.
9. You will not use IrishGathering to do anything unlawful, misleading, malicious, or discriminatory.
10. You will not do anything that could disable, overburden, or impair the proper working of IrishGathering, such as a denial of service attack.
11. You will not facilitate or encourage any violations of this Statement.

4. Registration and Account Security

IrishGathering users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

1. You will not provide any false personal information on IrishGathering, or create an account for anyone other than yourself without permission.
2. You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
3. You will not use IrishGathering if you are under 13.
4. You will not use IrishGathering if you are a convicted sex offender.
5. You will keep your contact information accurate and up-to-date.
6. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
7. You will not transfer your account to anyone without first getting our written permission.
8. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

5. Protecting Other People's Rights

1. We respect other people's rights, and expect you to do the same.
2. You will not post content or take any action on IrishGathering that infringes or violates someone else's rights or otherwise violates the law.
3. We can remove any content or information you post on IrishGathering if we believe that it violates this Statement.
4. We reserve the right to remove your content if we believe that it may be infringing someone else's copyright.
5. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
6. You will not use our copyrights or trademarks (including IrishGathering and the IrishGathering Logos), or any confusingly similar marks, without our written permission.
7. If you collect information from users, you will: obtain their consent, make it clear you (and not IrishGathering) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
8. You will not post anyone's identification documents or sensitive financial information on IrishGathering.
9. You will not send email invitations to non-users without their consent.

6. Payments

• If you make a payment on IrishGathering or use IrishGathering Credits, you agree to our Payments Terms.

7. About Advertisements on IrishGathering

Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:

1. You can use your privacy settings to limit how your name and profile picture may be associated with commercial or sponsored content served by us.
2. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.
3. We do not give your content or information to advertisers without your consent. You understand that we may not always identify paid services and communications as such.

8. Amendments

• We reserve the right to make changes to this Statement.

9. Termination

1. If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of IrishGathering to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.

10. Disputes

1. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or IrishGathering exclusively in a Circuit Court located in the Republic of Ireland.
2. The laws of the Republic of Ireland will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
3. You agree to submit to the personal jurisdiction of the courts located in the Republic of Ireland for the purpose of litigating all such claims.
4. If anyone brings a claim against us related to your actions, content or information on IrishGathering, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
5. WE TRY TO KEEP IrishGathering UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING IrishGathering "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT IrishGathering WILL BE SAFE OR SECURE. IrishGathering IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR IrishGathering, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR IrishGathering WILL NOT EXCEED THE GREATER OF ONE HUNDRED EURO (€100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, IrishGathering's LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

11. Special Provisions Applicable to Users Outside the Republic of Ireland

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the Republic of Ireland:

1. You consent to having your personal data transferred to and processed in the Republic of Ireland.

12. Definitions

1. By "IrishGathering" we mean the features and services we make available, including through (a) our website at www.IrishGathering.ie and any other IrishGathering branded or co-branded websites (including sub-domains, international versions and mobile versions); and (b) other media, software (such as a toolbar), devices, or networks now existing or later developed.
2. By "us," "we" and "our" we mean Gathering the Irish Diaspora Limited T/A The Irish Gathering.
3. By "information" we mean facts and other information about you, including actions you take.
4. By "content" we mean anything you post on IrishGathering that would not be included in the definition of "information."
5. By "data" we mean content and information that third parties can retrieve from IrishGathering or provide to IrishGathering.
6. By "post" we mean post on IrishGathering or otherwise make available to us.
7. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
8. By "active registered user" we mean a user who has logged into IrishGathering at least once in the previous 30 days.
9. By "application" we mean any application or website that receives data.

13. Data Protection

1. Irish Gathering Limited is obliged to conform to Irish Data Protection legislation, in order to ensure the safe and authorized use of personal data, and in becoming a user of this service you acknowledge that obligation and undertake to be bound by any requirements under this legislation imposed on the Company and to indemnify the Company against any loss arising as a result of any failing on your part to comply with these requirements.

2. Irishgathering.ie is registered with the Irish Data Protection Commissioner as a Data Controller. Our reference number is 115838280.

14. Defamation Act 2009

1. Information gathered on this site pertaining to individuals is screened as to its accuracy and content to ensure compliance with the laws of this jurisdiction. However, such personal information is received in good faith and Irish Gatherings Limited can accept no liability for false or inaccurate information causing harm or damage to others and the Company will not be held liable for any breach under the Defamation Act 2009 that may arise from the use of this site or be held responsible as a facilitator of such a breach.

15. Other

1. This Statement makes up the entire agreement between the parties regarding IrishGathering, and supersedes any prior agreements.
2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
3. If we fail to enforce any of this Statement, it will not be considered a waiver.
4. Any amendment to or waiver of this Statement must be made in writing and signed by us.
5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
7. Nothing in this Statement shall prevent us from complying with the law.
8. This Statement does not confer any third party beneficiary rights.

You may also want to review the following documents: