Terms of Use
1. Introduction
Thank you for visiting our websites
(TheJournal.ie, The 42, Noteworthy and Factchecking.ie websites and
applications)(each a “Site” and together “our Sites”))
owned and operated by Journal Media (references in these
Terms of Use to ‘we’, ‘us’ and ‘our’ are references to
Journal Media Limited). Please read these terms of use
(the “Terms of Use”) carefully as they constitute a
binding legal agreement between you and us in relation
to your use of the Sites.
By viewing any of our Sites whether it be via a
web browser, our mobile phone application, Twitter,
Facebook, e-mail or any other platform, you acknowledge
that you have read, understood and agree to be bound by
these Terms of Use. If you do not agree then you must
not use any of our Sites.
2. Privacy
Your privacy is important to us. Please read
our Privacy
Notice to see how we collect, use and protect
your personal information. We recommend that you do this
before using any of our Sites.
3. Changes to Terms of Use
We may change, modify, add to or delete
portions of these Terms of Use at any time. When we do,
we will notify you of the changes by adding an “updated”
icon next to the Terms of Use link on the front page of
the Sites for two weeks from the date of the change.
However it is your responsibility to regularly review
the Terms of Use for changes. By continuing to use any
of our Sites you will be deemed to have read, understood
and agreed to be bound by these changes.
4. Your use of our Sites
Our Sites are made available for your personal,
non-commercial use only, except where otherwise
authorised by us.
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 our Sites
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 posts,
suspension of posting privileges and/or banning.
(i) Your Account
If you register an account then as part of the
registration process you may be asked to select a user
name and password. You are responsible for all
activities occurring under your username and for keeping
your password secure. We strongly recommend you do not
reuse a password which you also use elsewhere.
You may not select or use a username that:
-
Contains the name of any Site or
otherwise misrepresents your relationship with
any Site or any other party;
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Contains any profanity, is vulgar or
offensive, or promotes an illegal activity;
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Violates any trade mark or other
proprietary right; or
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Impersonates someone else.
We reserve the rights to change usernames at
our discretion.
We reserve the right to log off or deactivate
accounts that are inactive for an extended period of
time.
You may not use the account or password of
another user and must not disclose your password to any
third party. You must notify us immediately if you
suspect any unauthorised use of your account or access
to your password.
We shall not be liable for any loss that you
may incur as a result of someone else using or accessing
your password or account, either with or without your
knowledge.
You may be held liable for losses incurred by
us or any other party as a result of someone else using
or accessing your password or account if you have not
taken reasonable steps to keep your password or account
secure.
We may at our absolute discretion refuse you
access to any Site, delete posts by you or
suspend/terminate your account without prior notice for
any reason and you shall not be entitled to any
compensation in respect of this.
These Terms of Use, including, in particular,
the indemnities contained herein, shall survive any
suspension or termination of your account.
(ii) Your Posts
We are committed to providing an open forum for
discussion and debate on stories in the news. Each Site
has a comments section available to its users to
facilitate such discussion and debate. Please note that
you are liable for the contents of any comments you post
on any of our Sites. We shall not be liable whatsoever
for any comments posted by you or any other user. Any
views or comments expressed in the user posts are not
necessarily the views of Journal Media, any entity
associated with us or any of our Sites’ editorial team.
We strongly advise that you read our separate Comments
Policy before posting any comments on our Sites.
It is our policy not to allow users post
comments anonymously and we therefore require users to
log-in using a Twitter of Facebook account (a “Social
Media Account”) to make a post in order to ensure that
comments are attributable to a user. By logging-in with
a Social Media Account you warrant and represent that
you are the owner of the Social Media Account and that
you are the person identifiable by that Social Media
Account. You may not use the Social Media Account of
another person or otherwise assume a false identity for
the purposes of posting a comment on our Sites.
We are not responsible for and do not endorse
the contents of users’ posts or warrant the accuracy,
truthfulness, legality or reliability of user’s posts.
You are entirely responsible for material which you post
on our Sites and shall indemnify in accordance with
section 13 of these Terms of Use.
We expect you to act responsibly in posting
comments. You agree, through use of this service, not to
post any material which:
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Violates the criminal law;
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Promotes or encourages illegal
activity;
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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,
trademark, trade secret, database right, right
of privacy or publicity or other proprietary or
intellectual property right of any person;
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Includes any spam, unauthorised
advertising or any other form of commercial
publicity;
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Is irrelevant, repetitive or imposes an
unreasonable or disproportionately large load on
our servers, bandwidth or infrastructure;
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Falsely claims to be sponsored or
endorsed by us; or
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Contains any virus or similar harmful
and/or disruptive material.
Due to the real-time nature of our Sites, we
cannot and are not required to review the contents of
posted comments, nor do we confirm the validity of
information submitted. We do not actively monitor user
comments and we are not responsible for and give no
warranty or make any representation in relation to any
user comments. If you deem any comments offensive or
objectionable, please bring these to our attention by
identifying the specific material that you consider
objectionable. You can do this by clicking ‘report this
comment’. You will be asked to give your reasons for
wanting the comment removed.
Whilst we do not monitor comments, we reserve
the right to take down material that comes to our
attention via a complaint or otherwise. Commenters who
repeatedly flout our Comments
Policy or these Terms of Use will be barred from
joining discussions on our Sites. This operates on a
“three-strikes-and-you’re-out basis”: if we have to
remove three comments posted by you, you will be
blacklisted. You will not necessarily be notified when
comments are removed. We will not enter into any
correspondence with or about users who have been
blacklisted.
We reserve 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 our sole
discretion.
We reserve the right to reveal your identity
(or whatever information we know about you) in the event
of a complaint or legal action arising from any comment
or content posted by you.
By posting any material on any Site, you grant
us 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 up, sub-licensable, 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 any Site you
represent and warrant that: (i) you own the material
posted by you or otherwise have the right to grant the
licence above, and (ii) 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.
(iii) Capacity
Our Sites are not directed at children younger
than 16 and therefore children under the age of 16 are
not permitted to view our Sites. We cannot guarantee
that all content on our Sites will be suitable for
minors.
You are only permitted to post comments if you
are aged 18 or over. If you are aged 16 years or over
but under the age of 18 you must obtain the consent of a
parent or legal guardian before registering as a user of
any Site. Any person who registers as a user of any Site
represents that they are 18 years of age or older or
that they are 16 years or over and have obtained the
consent of a parent or legal guardian. We cannot and are
not required to verify the age of users of our Sites. By
posting a comment on any of our Sites you warrant and
represent that you are over the age of 18 or that you
are 16 years or over and have obtained the consent of a
parent or legal guardian each time you post a
comment.
If you are using any of our Sites as a
representative of a body corporate, partnership,
association or other entity (an “entity”), you represent
that you have the authority to enter into these Terms of
Use on behalf of that entity, and agree that the terms
“you” and “your” in these Terms of Use refers to that
entity.
5. The 42 Subscriptions
To access The 42, you must create an account.
Unrestricted access requires a paid subscription.
If you subscribe to our monthly plan, the fee will
be billed monthly until you cancel. If you subscribe to the
annual plan, the fee will be billed annually until you cancel.
We will email you towards the end of the annual term to remind
you that the renewal and associated payment is coming up.
You can cancel your subscription at any time.
To do so, sign in to your account
(https://www.the42.ie/account/),
select the “Subscription” tab, and switch auto-renew off. Your
subscription will be cancelled at the end of your current billing
period, and you will have access until that date.
If you purchased your subscription via the iOS App store,
you can cancel from your Apple account (under settings, subscriptions),
or in any way described in Apple’s terms and conditions. Any refunds
due will be paid in accordance with Apple’s terms and conditions.
For more information, visit:
https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
Stripe or Apple processes payments on our behalf. If you
have any queries regarding your payment, please contact us at
support@the42.ie
within 30 days
Any change in the price of our subscriptions
(outside of promotions or trials) will not affect existing plans
until the next billing period, and we will notify you in advance.
If we do not receive payment, we will notify you, and
after a grace period, we will suspend your account.
Please contact us by email at
support@the42.ie
if you have any suggestions, questions or issues related to your
subscription.
6. Intellectual Property
All intellectual property rights in our Sites
design, text, graphics, the selection and arrangement
thereof and all software vest in Journal Media unless
otherwise indicated. Journal Media reserves all of its
rights.
You acknowledge that all trademarks, 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,
trademarks and other intellectual property rights in and
relating to any of our Sites are solely owned by Journal
Media.
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, any material made
available on any of our Sites without our written
permission.
7. Copyright
Policy
-
We respect the copyright of others
-
We strive to credit sources where
relevant
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We do not provide links to websites
which object
Our policy is to respect the copyright of
others and we strive 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 the Site infringes copyright, please report
it to copyright@thejournal.ie
identifying the specific material that is claimed to be
infringing and providing sufficient information to
permit us to contact the complaining party.
We do 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 us
to copyright@thejournal.ie
identifying the specific material, the link and
providing sufficient information to permit us to contact
the complaining party.
8. Site Searching, Indexing and
Screenscraping
You agree not to modify, adapt, translate, or
reverse engineer any portion of our Sites, nor to use
any robot, spider, site search/retrieval application, or
other device to retrieve, index or screenscrape any
portion of our Sites, except as expressly authorised in
writing by us. You agree not to reformat or frame any
portion of our Sites. You agree to respect and follow
the restrictions imposed by Journal Media’s robots.txt
files.
9. Your Feedback and Suggestions to
Us
From time to time users contact us with
feedback, suggestions and submissions about our Sites
and how to improve our Sites and the services we offer.
We welcome your input, and the following terms ensure
that we can use your contributions to improve.
You do not have to submit anything to us about
our Sites, but if you do you acknowledge and agree that
any questions, comments, suggestions, ideas, feedback,
or any other submissions to us which may improve our
products, services, or offerings shall become our
property unless otherwise agreed by us.
By making a submission to us about our Sites,
you grant a nonexclusive, irrevocable, worldwide,
perpetual, unlimited, assignable, sublicenseable, fully
paid up and royalty free right to us 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 us, without any further consent, notice
and/or compensation to you or to any third parties.
If you do not want to grant us the rights set
out above, please do not make submissions to us about
our Sites.
10. Defamatory Content
We abide by the Code
of Practice of the Press Council of Ireland.
Journal Media operates on a “notice and
takedown” basis. If you believe that any content on our
Sites contains a defamatory statement, please notify us
immediately by sending an email to errors@thejournal.ie.
Once this notification has been received, we will use
all reasonable endeavours to remove the defamatory
content complained about within a reasonable time.
11. Disclaimer and Waiver
We do not give any warranty or make any
representation as to the accuracy or completeness of the
information contained on our Sites. Material posted on
our Sites is not intended to amount to advice on which
reliance should be placed. We therefore disclaim 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 our
Sites we do not warrant that the website is free from
infection by viruses or anything else that has
contaminating or disruptive properties.
Under no circumstances shall we 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 we be
liable whether in contract, tort or otherwise 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
us, or the possibility of it was brought to our
attention.
You acknowledge that your use of our Sites
including any material downloaded or otherwise obtained
through our Sites 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 us,
our investors, successors, subsidiaries, affiliates,
co-branders, contractors, employees, servants,
contributors, third-party advertisers, technology
providers, service providers or other partners, and each
of their respective officers, directors, agents,
shareholders, employees and representatives, for any
loss, damage, costs or injury arising from such use.
12. Links to Other Websites
Our Sites contains links to websites operated
by third parties over which we have no control. These
links are provided for your convenience only and do not
amount to an endorsement or recommendation of those
sites. We do not exercise any control or supervision
over the content of these linked sites. We are 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 us.
We accept 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
our Sites 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 we adhere.
13. Links
We permit third parties to link to our Sites as
so long as the link: (a) is not in any way misleading;
(b) does not falsely imply sponsorship, endorsement or
approval of the linking party and its products or
services; and (c) fits within the context of the linking
party’s site.
By linking to any of the above mentioned
websites you hereby authorise Journal Media to link to
any website owned or controlled by you.
14. Indemnity
You shall indemnify and keep Journal Media, our
investors, successors, subsidiaries, affiliates,
co-branders, contractors, employees, servants,
contributors, third-party advertisers, technology
providers, service providers or other partners, and each
of their respective officers, directors, agents,
shareholders, employees and representatives (each an
“Indemnified Party”) indemnified on demand from and
against any and all losses, judgments, awards of
damages, fines, penalties, fees, costs and expenses
(including reasonable legal expenses) suffered or
incurred by an Indemnified Party as a result of any
third party claim threatened or brought against any
Indemnified Party arising out of or in connection with
any of the following:
-
Your use of our Sites or any part
thereof;
-
any violation of these Terms of Use,
our Privacy
Policy, our Comments
Policy and our Copyright
Policy by you;
-
any comments posted by you on any
Site;
-
any infringement or misappropriation by
you, or a third party using your computer, of
any account or password to access and/or use any
of our Sites; and
-
any infringement by you of any
intellectual property rights of any person.
15. Information Society Service
Provider / Intermediary Service Provider
You agree and acknowledge that Journal Media is
an information society service provider and intermediary
service provider, within the meaning of Directive
2000/31/EC as transposed into Irish law by the European
Communities (Directive 2000/31/EC) Regulations 2003 (SI
68 of 2003), and that where it stores information
provided by a recipient of the service – such as user
comments – it is not liable for such information nor is
it under an obligation to monitor such information.
16. Entire Agreement / No
Waiver
These Terms of Use, our Privacy
Policy, our Comments
Policy and our Copyright
Policy make up the entire agreement between you
and us in relation to your use of our Sites and
supersede any prior agreement. Any amendment to or
waiver of this agreement must be in writing and signed
by our authorised representatives. Failure to enforce
any provision of this agreement shall not amount to a
waiver of such provision.
17. 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.
18. Governing Law
The agreement between you and use as
constituted by these Terms of Use and any
non-contractual obligations arising out of or in
connection with your use of our Sites are governed by
and shall be construed in accordance with the laws of
Ireland, and the courts of Ireland shall have exclusive
jurisdiction to hear, settle and determine any dispute
which may arise out of or in connection with these Terms
of Use save that we retain the right to bring
proceedings against you in your country of residence or
any other court of competent jurisdiction.
19. Availability of Service
We may at our sole discretion and at any time
discontinue temporarily or permanently our Sites or any
part thereof with or without notice.
You agree that any termination of access to our
Sites under any provision of these Terms of Use may be
effected without notice, and acknowledge and agree that
we may immediately deactivate or delete your account and
all related information and files in your account and/or
bar any further access to such files or our Sites.
You may terminate this Terms of Use at any time
by sending us an e-mail to privacy@thejournal.ie. Please
note that if you choose to terminate this Terms of Use
you will no longer be able to access our services.
Our Sites may be temporarily unavailable from
time to time for maintenance or other reasons. We accept
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, we will use reasonable efforts
to give users fair notice of technical difficulties or
termination or suspension of their access to our Sites.
However you agree that we shall not be liable to you or
any third party for any inability to access any of our
Sites, termination or suspension of access to our Sites
or modification of the service provided.
20. About us
Journal Media Limited is a private company
limited by shares, incorporated in Ireland under
registered number 483623 and has its registered offices
at 3rd Floor, Latin Hall, Golden Lane, Dublin 8. Our VAT
number is IE9744952M.
21. Copyright Statement Associated Press
Associated Press text, photo, graphic, audio
and/or video material shall not be published, broadcast,
rewritten for broadcast or publication or redistributed
directly or indirectly in any medium. Neither these
Associated Press materials nor any portion thereof may
be stored in a computer except for personal and
non-commercial use. Users may not download or reproduce
a substantial portion of the Associated Press material
found on this web site. Associated Press does not
accept any liability for any delays, inaccuracies,
errors or omissions therefrom or in the transmission or
delivery of all or any part thereof or for any damages
arising from any of the foregoing.
22. Assignment & Novation
You may not, without our prior written consent,
assign or dispose of any of your rights or obligations
arising under these Terms of Use. We may assign or
subcontract any or all of our rights and obligations
under these Terms of Use to a third party at any time,
at our discretion. You also hereby irrevocably agree
that we may, at our sole discretion and at any time any
by notice to you, transfer by way of novation all of our
rights and obligations under these Terms of Use, and,
upon completion of any such novation (including the
assumption by the transferee of all of our remaining
obligations under these Terms of Use) we shall be
released from, and shall have no further obligations
under, these Terms of Use. If requested, you shall
promptly execute all documents reasonably requested by
us to effect, perfect, record or implement any such
novation, and shall promptly comply with any other
reasonable requests we or our successors or assigns may
have in respect of any such novation.
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Updated 20 December 2021
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