Thank you for visiting the You and Me Invitations website, mobile applications and/or other services, owned by You and Me Invitations Limited, a private company limited by shares and registered under 611749 on the Irish Companies Registration Office, hereinafter “You and Me Invitations”.

By accessing or using You and Me Invitations website (including the mobile optimised version of the website), online services, mobile and other applications and social networking platforms (each, a “Site”), whether automated or otherwise, you agree to be bound by these Terms of Use and any additional terms and conditions that are referenced below or otherwise may apply to specific areas of the Site.

Please read these Terms of Use carefully before using the Site.

Certain products that you purchase from the Site may be subject to additional terms and conditions presented to you at the time that you use, purchase or download them.

We reserve the right to change these Terms of Use at any time. Such changes will be effective when posted, provided that we may only amend the alternative dispute resolution, venue and time limit of claims provisions to the extent allowed by applicable law. By continuing to use the Site after we post any such changes, you accept the Terms of Use as modified.

NOTE: THESE TERMS OF USE CONTAIN A BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE “BINDING ARBITRATION” SECTION BELOW THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS OF USE AND WITH RESPECT TO ANY “DISPUTE” (AS DEFINED BELOW) BETWEEN YOU AND US OR OUR AFFILIATES. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS FURTHER DESCRIBED IN THE “BINDING ARBITRATION” SECTION BELOW.

 

RULES OF CONDUCT

There are rules of conduct that you are required to follow when you use the Site. You must not:

  • “harvest” (or collect) information from the Site using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of the Site and information about the offerings, products, services and promotions available on or through the Site.
  • use automated means to access the Site, or gain unauthorized access to the Site or to any account or computer system connected to the Site.
  • “stream catch” (download, store or transmit copies of streamed content).
  • obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you.
  • “flood” the Site with requests or otherwise overburden, disrupt or harm the Site or its systems.
  • circumvent or reverse engineer the Site or its systems.
  • restrict or inhibit another user or users from using and enjoying the Site.
  • manipulate or forge identifiers in order to disguise the origin of any information posted on the Site or otherwise provided to us or our employees.
  • impersonate any person, including, but not limited to, other community members or our employees.

If you post something to the Site, such as comments or other content, do not post anything that:

  • uses strong, vulgar, obscene or otherwise harmful language,
  • uses racially, ethnically or otherwise, objectionable language,
  • infringes any third party intellectual property right (such as copyrights),
  • is defamatory (i.e., something that is negative and untrue about another person or entity),
  • divulges another person’s or entity’s confidential or private information or trade secret,
  • is fraudulent, unlawful, threatening, harassing, abusive or discriminatory,
  • encourages criminal conduct,
  • contains any information (such as inside, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law,
  • advertises or solicits business for products or services other than those that are offered and promoted on the Site,
  • contains any virus, malware, spyware or other harmful content or code, or
  • violates regulations promulgated by any securities exchange, such as the European Securities and Markets Authority, the Securities and Exchange Commission, the New York Stock Exchange or the NASDAQ Stock Market.

You also must comply with all applicable laws and contractual obligations when you use the Site.

 

OWNERSHIP OF SITE CONTENT AND SUBMISSIONS

We or our licensors or partners own the intellectual property rights in the content and materials displayed on the Site. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site unless explicitly authorised in these Terms of Use or by the owner of the materials.

If you submit or post any materials or content to the Site, you grant us and our business partners a royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such materials and content, including alterations thereof, for our business purposes, in any form, in any media, and via any technology we choose, whether it exists now or is created in the future. You represent that any materials and content posted or otherwise submitted by you to the Site is original to you and that you have the right to grant us these rights.

Please do not send us your ideas for our business. We are always thinking and creating, and we may have similar ideas of our own. To avoid any disputes between us relating to ideas that you have submitted to us, you agree that, if you send us your ideas, you are assigning to us the right to use them, and you waive and release us from claims that we have used your ideas without your permission.

 

RESPONSIBILITY FOR PUBLIC POSTINGS AND CONTENT

Responsibility for what is posted in public areas of the Site lies with each user – you alone are responsible for the material you post or otherwise make available in public areas of the Site. You alone are responsible for assessing the credibility of other user postings. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right do so. We are not a publisher of user posts, and we are not responsible for their accuracy or legality.

You also understand and agree that any action or inaction by us or any of our directors, officers, stockholders, employees, consultants, agents or representatives (collectively, “Our Representatives”) to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential Terms of Use violation is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of Our Representatives shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these Terms of Use.

Although Our Representatives may moderate content, conduct and Terms of Use compliance on the Site at our discretion, Our Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on our behalf will “take care” of any alleged problem or complaint, or that they or anyone else on our behalf will otherwise stop, cure or prevent any problem, content, conduct or purported Terms of Use violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any of Our Representatives (or by anyone else acting on our behalf or by anyone purportedly acting on our behalf) that we (including but not limited to any of Our Representatives, anyone else acting on our behalf, or anyone purportedly acting on our behalf) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported Terms of Use violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that we, Our Representatives and anyone else authorised to act on our behalf shall in no circumstance be liable as a result of any representation that we, Our Representatives or anyone else on our behalf would or would not restrict or redress any content, conduct or potential or purported Terms of Use violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by the Director of You and Me Invitations and dated and signed by the individual or entity to whom the modification, waiver or release is granted.

 

REGISTRATION AND LOG IN

To access certain features or areas of the Site, you may be required to provide personal and/or demographic information as part of a registration or log-in process. In addition, certain features of the Site are only available to our registered users, and to access those areas of the Site, you will be required to log in using your username and email password.

You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.

You are responsible for all activity occurring when the Site is accessed through your account, whether authorised by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.

We currently only sell to Ireland, the UK, Canada and the USA.

 

ELECTRONIC COMMUNICATIONS

The communications between you and us via the Site use electronic means, whether you visit the Site or send us an email, or whether we post notices on the Site or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

 

COPYRIGHT INFRINGEMENT NOTICES

If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on the Site in a manner that constitutes copyright infringement, please provide us by email to [email protected], with the following information:

  • A physical or electronic signature of a person authorised to act on behalf of the copyright owner of the right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed or, if multiple copyrights works at the Site are covered by a single notification, a representative list of such works at that Site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an email address at which you may be contacted;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of the copyright that is allegedly infringed.

We have a policy of terminating the Site usage privileges of users who are infringers of intellectual property rights.

 

CHANGES TO THE SITE

We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), the Site or any portion of the Site. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.

 

SUSPENSION OR TERMINATION OF ACCESS

We have the right to deny access to, and to suspend or terminate your access to, the Site, or to any features or portions of the Site, and to remove and discard any content or materials you have submitted to the Site, at any time and for any reason, including for any violation by you of these Terms of Use. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

The Site may contain links to other websites or to third party sellers of products and services. Such links are provided for your convenience only, and you access them at your own risk. We are not responsible for, and do not endorse, the content of any such sites, or the products and services sold on them, nor do we take responsibility for the accuracy of any such sites. When you visit a linked site you should read the terms of use and privacy policy that govern that particular linked site.

 

INDEMNIFICATION

Under no circumstances (including but not limited to any act or omission on the part of the You and Me Invitations) will You and Me Invitations be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Site or any Content. You expressly acknowledge and agree that You and Me Invitations does not exert control over users of the Site (including individuals referred to on the Site as guests and experts) and is not liable either for their opinions or their behavior, including any information and/or advice and any defamatory statements or offensive conduct.

You agree to indemnify, defend and hold us and our affiliates, and our respective directors, officers, employees and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys’ fees, arising from or relating to your use of the Site, your submissions to the Site, or any violation of these Terms of Use, or applicable law, by you or by someone accessing the Site via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms of Use and the termination of your use of the Site.

 

ORDERING

To confirm your order, a 50% non-refundable deposit will be required. The deposit secures the price of items confirmed at the time of ordering.

You have the right to cancel the order at any stage; however the deposit is non-refundable. In the event of an order being cancelled, all work completed that exceeds the deposit must be paid for.

Your order will only be dispatched when the final balance has been received and cleared.

Any timelines given on the duration of a project are to be considered as an estimate only. You and Me Invitations will do our best to notify you of any reason that may cause delay to the duration of your project, however You and Me Invitations cannot be held responsible for any unforeseen circumstances.

 

PAYMENT

A 50% non refundable payment is made when placing your order. The final payment is made once you (the customer) sign off on your wedding stationery. You will not receive your print it yourself pdf until the final payment has been made.

 

CONFIRMING YOUR STATIONERY

Once the design/s have been proofed and approved, the remaining balance is due prior to delivery. Payments can be made by Stripe through your personal You and Me Invitations account. Once the payment has been cleared, the print it yourself pdf will be emailed to you.

 

CUSTOM MAPS

The ownership of all custom maps remains with You and Me Invitations Limited. A custom map is an original illustrated map, created by You And Me Invitations, of where your wedding will be taking place.

Depending on where your venue is, we may already have created a custom map for that venue. So we may use a completed illustration from our bank for your wedding stationery.

If your map has already been illustrated – the same charge applies for the illustration. This is because you are purchasing an original artwork by You and Me Invitations.

Processing your order

Your designer will be in touch with you upon receiving your text from your personal account within 3-5 working days. Please expect up to 3-5 working days between edits.

2 design edits are included in the price of your wedding stationery. Subsequent edits, should they be required, are charged at a rate of €20 per element per round of amends.

You and Me Invitations has the right to add further charges to any work that is required over and above the estimated work or beyond reasonable amendments?

 

APPROVAL

Once your design is complete, we will email you a final jpeg for final proofing.

Upon signing off this final jpeg for final proofing, You and Me Invitations are not responsible for any errors found on the print it yourself pdf that we will send to you. If you spot an error after signing off, an editing fee will be charged.

It is solely the customer’s responsibility to check the digital proofs of all wedding stationery.

 

PROOF READING

Proof reading is the client’s responsibility. You and Me Invitations will provide a digital proof copy of the work for client approval, prior to sending you your print it yourself pdf. Once the client is satisfied, the client is required to date and sign the proof and return same (a reply by email to a digital proof is also accepted).

We strongly recommend that the proof copy be viewed by more than one individual to ensure its accuracy for content details, spelling, grammar etc…

You and Me Invitations will not be held responsible for any mistakes/errors that go unnoticed after the final proofs have been signed, such as spelling, grammar, details etc…In approving the final proof, the client accepts responsibility for any errors that maybe noticed at a later date.

We will not accept returns or demands for refund for unnoticed errors after final proofs have been approved.

If errors are discovered after the final proof approval, there will be a fee to edit and resend your print it yourself pdf.

 

CANCELLATION BY YOU AND ME INVITATIONS

We cannot be held responsible for any unforeseen circumstances which may make it impossible for You And ME Invitations to complete your order in a reasonable time. Our complete obligation to you may be discharged in its entirety by our refund of your deposit, without prejudice, and disclaiming any secondary consequences or costs that you may incur.

 

DISPLAY OF FINISHED WORK

You and Me Invitations reserve the right to display and/or use any prints as samples and promotional pieces. If you wish for your stationery not to be used or you want us to blur out some details, please send us a quick email to let us know.

 

RIGHT TO REFUSE

In the unlikely event that we feel that our goods or associated items may not meet your expectations, we reserve the right to refuse to take on your project.

 

COPYRIGHT

All information, material, logos, descriptions, imagery, and website content on the Site are the property of You and Me Invitations Limited, its suppliers and/or licensors, unless expressly indicated otherwise on the Site and cannot be used or reproduced without our written consent.

You And Me Invitations also displays work of contributing artists. The artist retains full copyright for the artwork produced for You And Me Invitations. However, because the artist has created the unique artwork for the exclusive use of You And Me Invitations, the artist may not distribute, reproduce or otherwise profit from the artwork without You And Me Invitation’s express, written permission or as agreed upon prior to the acceptance of the commission.

You And Me Invitations does not take any ownership or license of contributing artist’s artwork. The customer may not distribute, reproduce, or otherwise profit from the artwork. The customer may not edit, alter, or trace the artwork without the artist’s express, written permission or as agreed upon prior to the acceptance of the commission.

You and Me Invitations supports authenticity in design, and would never knowingly offer any product, which infringes upon the copyright of any other company/individual. This includes the use of fonts, graphics and stock photographs which have the appropriate license for their given use.

Images are copyright of You and Me Invitations, its suppliers and/or licensors and may not be redistributed.

 

RELATING TO OUR ‘PRINT-IT-YOURSELF PDF’ SERVICE

Should you use our ‘Print-it-yourself pdf’ service, please note that you are:

  • Purchasing one digital PDF file per product, which you are free to print as often as you wish for your own personal use.
  • Not entitled to use the product for commercial gain, which includes the sale of, or redistribution of that product.

Features of our ‘Printable PDF’ files:

  • PDF files that are high resolution (300dpi) and suitable for printing will be supplied when the design has been signed off by you.
  • File sizes/dimensions are given in relevant product descriptions in millimeters and inches.
  • Products have been designed so that you may remove 3 millimeters ‘bleed’ area around the borders, (which is often the requirement of a professional printing company) without having a detrimental effect on key aspects of the design
  • PDF files are in CMYK colour format, which is suitable for professional printing.
  • PDF files are intended for digital printing, and may not be suitable for specialist or more traditional print methods such as lithographic, letterpress & more.
  • Due to the digital nature of the products, refunds are not available on ‘Print It Yourself PDF’ items once purchased.
  • You and Me Invitations is unable to recommend third party printers or assist with technical or other enquiries once you have downloaded your digital ‘Print-it-yourself pdf’.

 

LEGALITIES

You and Me Invitations is not responsible for any health or safety concerns once an order has been received. If any harm is incurred from the items purchased by the buyer, the seller shares no responsibility.

 

PRICES & QUOTATIONS

Online prices ~ Prices shown online are subject to change at any time and at You and Me Invitations sole discretion.

Quotations ~ Written quotations are valid for 30 days. Quoted prices are subject to revision at any time and at the discretion of You and Me Invitations if not accepted within the 30 days of the date indicated on the written quotation.

 

YOU, THE CUSTOMER

By using this website you agree to the Terms & Conditions set out above. These will be periodically reviewed, updated where necessary, and posted here.

 

APPLICABLE LAW; NO WAIVER; SEVERABILITY

These Terms of Use, and the relationship between you and us, will be governed by the laws of Ireland, without giving effect to any principles of conflicts of law. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you, and You and Me Invitations, nevertheless agree that the court should endeavor to give effect to the intentions reflected in such provision, and the other provisions of these terms and conditions will remain in full force and effect.

 

Binding Arbitration

Other than those matters described under “Exclusions from Arbitration” below, you and You and Me Invitations agree that all disputes, claims, or controversies arising out of or relating in any way to these Terms of Use (including the validity, enforceability or scope of this Section), the Site or any content or services thereon (each, a “Dispute”), that cannot be resolved through negotiation in accordance with the “Notice of Dispute; Negotiation” clause below, shall be settled by final binding individual arbitration, in accordance with the terms of this Section and to the extent permitted by law.

Arbitration means that the Dispute will be resolved through binding individual arbitration by a neutral arbitrator in accordance with the UNCITRAL Arbitration Rules as at present in force. The appointing authority shall be the President for the time being of the Law Society of Ireland. The number of arbitrators shall be one. The place of arbitration shall be Dublin, Ireland. The language to be used in the arbitral proceedings shall be English. You agree that the UNCITRAL Arbitration Rules as at present in force apply to this agreement.

 

Exclusions from Arbitration

YOU AND YOU AND ME INVITATIONS AGREE THAT ANY CLAIM FILED BY EITHER PARTY IN THE IRISH SMALL CLAIMS COURT IS NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION. WE ALSO BOTH AGREE THAT YOU, OR YOU AND ME INVITATIONS, MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.

RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER

IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO YOU AND ME INVITATIONS AT THEIR ADDRESS AS REGISTERED, UNDER 611749, ON THE IRISH COMPANIES REGISTRATION OFFICE , BY CERTIFIED MAIL RETURN RECEIPT REQUESTED AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR ACCOUNT INFORMATION, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH YOU AND ME INVITATIONS THROUGH ARBITRATION.

 

Notice of Dispute; Negotiation

IF YOU HAVE A DISPUTE WITH YOU AND ME INVITATIONS, YOU MUST SEND WRITTEN NOTICE TO THE ADDRESS ABOVE, TO GIVE YOU AND ME INVITATIONS THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION.

You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If we do not resolve your Dispute within 60 days from receipt of notice of the Dispute, either party may pursue a claim in arbitration pursuant to the terms of this Section.

 

Initiation of Arbitration Proceedings

If you or You And Me Invitations have a Dispute with such party that elects to resolve the Dispute through arbitration, the party initiating the arbitration proceeding shall initiate it in accordance with the UNCITRAL Arbitration Rules as at present in force, the appointing authority being the President for the time being of the Law Society of Ireland, as modified by this Section. In addition to filing for arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force, you must send a copy to You And Me Invitations at their address as registered, under 611749, on the Irish Companies Registration Office.

 

You and You And Me Invitations agree to treat the arbitration proceedings and any related discovery confidential. The terms of this Section govern, in the event that they conflict with the UNCITRAL Arbitration Rules as at present in force.

 

Location of Arbitration

The arbitration proceedings shall be held in Dublin, Ireland.

 

Class Action Waiver

YOU, AND YOU AND ME INVITATIONS, AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU, AND YOU AND ME INVITATIONS, BOTH SPECIFICALLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOUR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S) TO THE EXTENT PROSCRIBED BY UNCITRAL ARBITRATION RULES AS AT PRESENT IN FORCE. ANY RELIEF AWARDED CANNOT AFFECT OTHER SITE USERS.

 

Severability

If any clause within this Section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable, the Dispute will be decided by a court, and you, and You And Me Invitations, each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.

 

Continuation

This Section shall survive any termination of the provision of the associated services to you.

 

Governing Jurisdiction

ANY DISPUTE NOT SUBJECT TO ARBITRATION AND NOT INITIATED IN SMALL CLAIMS COURT WILL BE LITIGATED BY EITHER PARTY IN A COURT OF COMPETENT JURISDICTION ONLY IN DUBLIN, IRELAND. EACH PARTY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THESE COURTS AND AGREES NOT TO COMMENCE ANY LEGAL ACTION UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THIS TERMS OF USE IN ANY OTHER COURT OR FORUM. EACH PARTY WAIVES ANY OBJECTION TO THE LAYING OF THE VENUE OF ANY LEGAL ACTION BROUGHT UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THIS TERMS OF USE IN THE COURTS SITTING IN DUBLIN, IRELAND, AND AGREES NOT TO PLEAD OR CLAIM IN SUCH COURTS THAT ANY SUCH ACTION HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

 

Disclaimer of Warranties

THE SITE AND ITS CONTENT AND ANY SERVICES PROVIDED THEREIN ARE PROVIDED FOR ENTERTAINMENT, EDUCATIONAL AND PROMOTIONAL PURPOSES. WE PROVIDE THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT). THIS MEANS THAT WE MAKE NO PROMISES THAT:

THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME,

THE SITE WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS,

THE INFORMATION ON THE SITE WILL BE ACCURATE OR UP-TO-DATE,

THE SITE OR THE INFORMATION TRANSMITTED TO OR FROM IT OR STORED ON IT WILL BE SECURE FROM UNAUTHORISED ACCESS,

INFORMATION AND MATERIALS THAT YOU STORE IN YOUR ACCOUNT OR ON THE SITE WILL REMAIN RETREIVABLE AND UNCORRUPTED (UNLESS WE PROMISE THIS IN A SEPARATE AGREEMENT WITH YOU), OR

THE SITE WILL BE UNITERRUPTED OR ERROR-FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.

WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A SEPARATE AGREEMENT ENTERED INTO BETWEEN YOU AND YOU AND ME INVITATIONS OR BETWEEN YOU AND A THIRD PARTY.

IF YOU PURCHASE A PRODUCT OR SERVICE FROM A THIRD PARTY AFTER FOLLOWING AN AD OR LINK ON THE SITE, THE TERMS OF SALE FOR YOUR PURCHASE ARE BETWEEN YOU AND THE THIRD PARTY FROM WHOM YOU MADE THE PURCHASE. WE ARE NOT RESPONSIBLE FOR SUCH THIRD PARTY PRODUCTS OR SERVICES OR FOR DISPUTES BETWEEN YOU AND THEIR SELLERS.

YOU AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION (INCLUDING PRICING) AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, SUPPORT DOCUMENTATION, BY OUR CUSTOMER SERVICE AND SUPPORT AGENTS, AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR MATERIALS POSTED TO THE SITE BY USERS, NOR FOR DISPUTES BETWEEN USERS, OR BETWEEN USERS AND THIRD PARTIES.

THESE DISCLAIMERS APPLY TO US AND OUR AFFILIATED AND RELATED COMPANIES AS WELL AS THIRD PARTIES THAT ARE INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE SITE, AND ANY OF THEIR EMPLOYEES AND AGENTS.

 

Limitations of Liability

IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THE SITE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OF ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THE SITE, WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO US, IF ANY, FOR USE OF THE SITE, OR, IF APPLICABLE, FOR USE OF THE SPECIFIC SITE FEATURE OR SERVICE FROM WHICH THE CLAIM IN QUESTION FIRST AROSE.