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Terms of Use

1. Introduction

Thank you for visiting TheJournal.ie which is owned and operated by Journal Media Limited. Please read these Terms of Use carefully as they constitute a binding legal agreement between you and Journal Media Limited.

By viewing this site, whether it be via our website, www.thejournal.ie, our mobile phone application, Twitter, Facebook, mail or any other platform or by registering with us, 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 this site.

2. Privacy

Your privacy is important to us. Please read our Privacy Statement to see how we collect, use and protect your personal information. We recommend that you do this before using this site or registering with us.

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 site 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 the site you agree to these changes.

4. Your use of TheJournal.ie

TheJournal.ie is 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 TheJournal.ie 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 choose to register an account then as part of the registration process you will 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:

  1. Contains “TheJournal” or otherwise misrepresents your relationship with TheJournal.ie or any other party;
  2. Contains any profanity, is vulgar or offensive, or promotes an illegal activity;
  3. Violates any trade mark or other proprietary right; or
  4. 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 agree not to use the account or password of another user and not to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorised use of your account or access to your password.

We will 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 the 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

TheJournal.ie is committed to providing an open forum for discussion and debate on stories in the news. TheJournal.ie has made 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. TheJournal.ie is not liable whatsoever for any comments posted on its websites by users. Any views or comments expressed in the user posts are not necessarily the views of TheJournal.ie, any entity associated with it or any of its editorial team. TheJournal.ie strongly advices that you read these Terms of Use and our separate Comments Policy before posting any comments on TheJournal.ie.

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 TheJournal.ie.

TheJournal.ie is not responsible for and does not endorse the contents of user’s posts or warrant the accuracy, truthfulness, legality or reliability of user’s posts. You are entirely responsible for material which you post. You agree to fully indemnify TheJournal.ie in event of any legal proceedings being brought against TheJournal.ie, in consequence of your posting a comment. For the avoidance of doubt, the indemnity you give to TheJournal.ie 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.

We expect you to act responsibly in posting comments. You agree, through use of this service, not to post any material which:

  1. Violates the criminal law;
  2. Promotes or encourages illegal activity;
  3. Is defamatory, invasive of privacy, abusive, harassing, threatening, profane, violent, sexually explicit, or which otherwise violates the rights of others;
  4. May prejudice ongoing civil or criminal proceedings, violate the sub judice rule or may otherwise amount to a contempt of court;
  5. 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;
  6. Includes any spam, unauthorised advertising or any other form of commercial publicity;
  7. Is irrelevant, repetitive or imposes an unreasonable or disproportionately large load on the site servers, bandwidth or infrastructure;
  8. Falsely claims to be sponsored or endorsed by TheJournal.ie; or
  9. Contains any virus, Trojan horse, worm or similar harmful and/or disruptive material.

Due to the real-time nature of the website, TheJournal.ie cannot and is not required to review the contents of posted comments, nor does it confirm the validity of information submitted. TheJournal.ie 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 the team by sending an email to errors@thejournal.ie identifying the specific material that they consider is objectionable or alternatively by clicking ‘report this comment as offensive’. 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.

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 TheJournal.ie. 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. TheJournal.ie will not enter into any correspondence with or about users who have been blacklisted.

TheJournal.ie 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 TheJournal.ie.

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

By posting any material on TheJournal.ie, 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, 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 TheJournal.ie 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

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

You are only permitted to register as a user of this site and post comments if you are aged 18 or over. If you are aged 13 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 TheJournal.ie. Any person who registers as a user of TheJournal.ie represents that they are 18 years of age or older or that they are 13 years or over and have obtained the consent of a parent or legal guardian. Journal Media Limited cannot and is not required to verify the age of users of the site. TheJournal.ie 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 TheJournal.ie.

If you are using TheJournal.ie 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  Journal Media Limited unless otherwise indicated. Journal Media Limited 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 TheJournal.ie are solely owned by Journal Media Limited.

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 TheJournal.ie without our written permission.

6. Copyright Policy

  • We respect the copyright of others
  • We strive to credit sources where relevant
  • 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 this website infringes copyright, please report it to errors@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 errors@thejournal.ie identifying the specific material, the link and providing sufficient information to permit us to contact the complaining party.

7. Site Searching, Indexing and Screenscraping

You agree not to modify, adapt, translate, or reverse engineer any portion of TheJournal.ie, 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 us. You agree not to reformat or frame any portion of the site. You agree to respect and follow the restrictions imposed by TheJournal.ie robots.txt file.

8. Your Feedback and Suggestions to Us

From time to time users contact us with feedback, suggestions and submissions about TheJournal.ie and how to improve the site and services we offer. We welcome your input, and the following terms ensure that we can use your contributions to improve the site.

You do not have to submit anything to us about TheJournal.ie, 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 TheJournal.ie, 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 TheJournal.ie.

9. Defamatory Content

We abide by the Code of Practice of the Press Council of Ireland.

Journal Media Limited operates on a “notice and takedown” basis. If you believe that any content on TheJournal.ie contains a defamatory statement, please notify us immediately by sending an email to errors@thejournal.ie. Once this notification has been received, Journal Media Limited will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.

10. Disclaimer and Waiver

We do 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. 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 the website 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 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 TheJournal.ie 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 Journal Media Limited, 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.

11. Links to Other Websites

TheJournal.ie 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. TheJournal.ie does not exercise any control or supervision over the content of these linked sites. TheJournal.ie 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 TheJournal.ie.

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 the TheJournal.ie 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 TheJournal.ie adheres.

12. Links to TheJournal.ie and Associated Websites

Journal Media Limited and its parent company and associated company permit third parties to link to the following websites namely, TheJournal.ie, TheScore.ie, Daily Edge, Business ETC, Daft.ie, Boards.ie, Adverts.ie, Boardsdeals.ie, Distilledmedia.ie, Let.ie, Rent.ie, Property.ie, Daft.com, Daft.pl and Rent.co.uk 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 Limited  and the proprietors of the above mentioned websites to link to any website owned or controlled by you.

13. Indemnity

You agree to indemnify, defend (at the request of Journal Media Limited) and hold harmless Journal Media Limited, 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, 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:

  1. Your use of TheJournal.ie or any part thereof;
  2. The violation of these Terms of Use, our Privacy Policy, our Comments Policy and our Copyright Policy by you;
  3. The infringement or misappropriation by you, or a third party using your computer, of any account or password to access and/or use TheJournal.ie; or
  4. The infringement by you of any intellectual property rights.

14. Information Society Service Provider / Intermediary Service Provider

You agree and acknowledge that Journal Media Limited 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.

15. Entire Agreement / No Waiver

These Terms of Use, our Privacy Statement, our Comments Policy and our Copyright Policy make up the entire agreement between you and Journal Media Limited 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.

16. 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.

17. Governing Law

This agreement shall be governed by Irish law and you agree to the exclusive jurisdiction of the Irish courts in all matters regarding this agreement and your use of TheJournal.ie.

18. Availability of Service

We may at our sole discretion and at any time discontinue temporarily or permanently TheJournal.ie 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, 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 the site.

TheJournal.ie 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 TheJournal.ie. However you agree that we 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.

19. About Journal Media Limited

Journal Media Limited is an Irish company No. 483623 and has its registered offices at 3rd Floor, Latin Hall, Golden Lane, Dublin 8. Our VAT number is IE9744952M.

20. 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.