TERMS OF USE

MASADAVIA LIMITED WEBSITE TERMS OF USE AGREEMENT

By using Masadavia Limited Website (hereinafter – the “Website”), you are agreeing to comply with and be bound by the following terms of use. Please review these terms carefully. If you do not agree to these terms, you should not use the Website. The term “Masadavia Limited”, “us” or “our” refers to Masadavia Limited, the legal name of the owner of the Website. The term “User” or “you” refers to all individuals and/or entities accessing the Website.

This Terms of Use Agreement (hereinafter – the “Agreement”) regulates the contractual relationship between the User and Masadavia Limited, irrespectively of how the User of the Website is logged on or registered to the Website. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Website, and you should review this Agreement prior to using the Website.

1. General. In accordance to this Agreement, Masadavia Limited grants the User a limited right to access Masadavia Limited Website. Masadavia Limited may terminate or modify your right to use, view or visit the Website, or any areas of the Website, with or without notice, in its sole discretion, for any reason or no reason at all, including, but not limited to, if Masadavia Limited determines (in its sole discretion) that your use of or conduct on or related to this Website (i) violates this Agreement and any other applicable terms and conditions, (ii) is harmful to Masadavia Limited, its customers, partners, any another user or party, or (iii) violates any applicable law. For further information please contact us at info@masadavia.ie.

2. Intellectual property rights. The User agrees that the content of the Website, including all the services or products described thereon (hereinafter – the “Materials”), are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. The User agrees that nothing contained in the Website shall be construed as granting any license or right to intellectual property.

3. Restrictions and prohibitions of use. Your license for access and use of the Masadavia Limited and any information, materials or documents therein are subject to the following restrictions and prohibitions on use (except for the express limited purpose for the services provided by Masadavia Limited):

You may not (a) copy, print, republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Website or any content of Materials retrieved there from for any other purpose, except as specifically provided herein without the express written permission of Masadavia Limited; (b) use the Website or any Materials obtained from the Website to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Website; (d) use any Content and Materials from the Website in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Website; (f) make any portion of the Website available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Website software or use any network monitoring or discovery software to determine the Website architecture; (h) use any automatic or manual process to harvest information from the Website; (i) use the Website for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Website in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Website or any portion thereof, or any software available on or through the Website, in violation of the export control laws or regulations.

However, you are hereby authorized to view and print the Materials on the Masadavia Limited Website subject to the following conditions:

1. The Materials may be used for internal, informational and non-commercial purposes only, and may not be sold or distributed for commercial gain without the prior written consent of Masadavia Limited;

2. Any printed copy of these Materials, or any portion of these Materials, must include the copyright notice shown above.

3. Linking to this Website. The User may provide links to this Website, provided:

(a) you do not remove or obscure, by framing or otherwise, any portion of the Website, including its advertisements, the terms of use, the copyright notice, or other notices on this Website,

(b) you give Masadavia Limited notice of such link by sending an e-mail to info@masadavia.ie. and

(c) you discontinue providing links to this Website if requested by Masadavia Limited.

If you wish to provide links to a section within this Website, you should forward your request to info@masadavia.ie and Masadavia Limited will notify you if permission is granted, and if so the terms and conditions of the permission.

If you wish to provide links to a section within this Website, you should forward your request to info@masadavia.ie and Masadavia Limited will notify you if permission is granted, and if so the terms and conditions of the permission.

4. Registration. Certain sections of this Website require the User to register. For further information please contact Masadavia Limited at the following address info@masadavia.ie. If registration is requested, the User agrees to provide Masadavia Limited with its accurate and complete personal information and inform Masadavia Limited of any changes to registration information. Each registration is for a single entity only, unless otherwise expressly designated therein. Masadavia Limited does not permit:

(a) anyone other than the User to use the sections requiring registration by using User’s name or password; or

(b) access through a single name being made available to multiple users on a network or otherwise unless otherwise expressly agreed in writing.

The User is responsible for preventing unauthorized use.

The User agrees immediately notify Masadavia Limited, if the User believes or has an information about unauthorized use.

5. Eligibility. Access to the Website is strictly limited to those Users who are authorized to form legally binding contracts under applicable law on behalf of the businesses or organizations they represent.

6. No solicitation. The User agrees not to distribute on or through this Website advertisements, promotions, solicitations for goods, services or funds or solicitations for others to become members of any corporation or organization without the prior written permission of Masadavia Limited. In no event may any person or entity solicit anyone with data retrieved from this Website.

7. Termination:

(a) Without limiting any remedies Masadavia Limited may have against the User pursuant to this Agreement or at law, Masadavia Limited reserves a right to terminate the User’s password and access to the Website without any refund immediately upon prior notice to the User, in the event that Masadavia Limited determines, in its sole discretion, that the User (i) does not meet the eligibility requirements set forth in Section 6 hereof and therefore are not an eligible subscriber; (ii) has or reasonably appears to have breached any provisions of this Agreement; (iii) is not in compliance with any applicable laws and/or is in any way involved in or linked to, fraudulent activity in connection with the use of Website.

(a) Termination will take effect immediately upon Masadavia Limited giving notice thereof to the User, provided that any notice of termination given under this Section 8(a) may, if Masadavia Limited in its sole discretion deems that the matter giving rise to such termination is curable by the User, specifically provide for a five (5) day cure period during which the User may cure the alleged breach and, in such case, termination will take effect at the end of such period if the breach remains uncured.

(c) The User hereby consents to, and agrees not to contest, any judgment enforcing Masadavia Limited rights of termination hereunder

8. No refund. The User acknowledge and confirm that any and all fees and charges that are payable for subscription to the Website and/or any service offered therein shall be paid in advance and are non-refundable (regardless of early termination or cancellation of the User's subscription term for any purpose and/or reason whatsoever).

9. Indemnification. The User agrees to indemnify, defend and hold Masadavia Limited and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to the User’s violation of this Agreement or inappropriate use of the Website. Using Masadavia Limited the User also agrees to comply with the Liability Limitations hereunder.

10. LIMITATION OF LIABILITY. THIS WEBSITE AND ALL CONTENT AND MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS”, “AS AVAILABLE”, ”WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. IN NO EVENT WILL MASADAVIA LIMITED, OR ITS PARTNERS, AGENTS, AFFILIATES, LICENSORS, SPONSORS OR ADVERTISERS, BE LIABLE TO THE USER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF MASADAVIA LIMITED IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, ANY KIND OF DATA LOSS OR ANY OTHER BUSINESS DAMAGES.

11. Unlawful activity. Masadavia Limited reserves the right to investigate complaints or reported violations of this Agreement and to take any action it deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to the User’s profile, email addresses, usage history, posted materials, IP addresses and traffic information.

12. Masadavia Limited is committed to preserving the User’s right to privacy. However, by using the Website, the User acknowledges and agrees that Internet transmissions are never completely private or secure. The User understands that any message or information it sends to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

13. Masadavia Limited is committed to preserving the User’s right to privacy. However, by using the Website, the User acknowledges and agrees that Internet transmissions are never completely private or secure. The User understands that any message or information it sends to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Communication. The User agrees that communication regarding the use of the Website shall be dealt over an e-mail indicated herein. If you have any questions, please do not hesitate to contact us at info@masadavia.ie.

MASADAVIA LIMITED DISCLAIMER

1.) The User of www.Masadavia Limited (hereinafter – “Website”) should understand and agree that www.Masadavia Limited services shall be provided to the User on “as is and as available” basis. With respect to documents available through this Website, neither Masadavia Limited – the owner of the Website (hereinafter – the “Company” or Masadavia Limited) nor any of its subsidiaries, affiliates, officers, employees, agents, partners and licensors make any warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, data, product, goods, services or processes disclosed on the Website, or represents that its use would not infringe privately owned rights

2. Under no circumstances, including negligence, shall the Company be liable for any direct, incidental, special or consequential damages or otherwise, including any damages that result from the use of or inability to use the Website. The Company shall not be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance

3. Masadavia Limited and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Masadavia Limited has been advised of the possibility of such damages), resulting from:

(b) the use or the inability to use of Masadavia Limited services; any errors, mistakes, or inaccuracies of content;

(c.) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;

(d) bugs, viruses, Trojan horses, risks and other online threats, or the like, which may be transmitted to or through our site by any third party;

f) unauthorized access to or alteration of your transmissions or data;

the cost of procurement of substitute goods and services;

g) statements or conduct of any third party on the Masadavia Limited services;

h)i) personal injury, other health issues or property damage, of any nature whatsoever, resulting from your access to and use of our site;

technological issues, including technical maintenance and/or connection problems;

j) errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Masadavia Limited website, whether based on warranty, contract, tort, or any other legal theory;

k) direct damages; whether or not Masadavia Limited is advised of the possibility of such damages;

i) any other matter relating to the Masadavia Limited services.

The Company shall not be liable for damages or refunds should the Website become unavailable or access to the Website become slow or incomplete due to system backup procedures, internet volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make the Website inaccessible for the subscribers.

4. You also agree to defend, indemnify and hold harmless Masadavia Limited, its officers, directors, employees, agents, affiliates, parents and subsidiaries from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

1) your use of and access to the Masadavia Limited website;

your violation of any terms stipulated in the Website Terms of Use Agreement published on the Website;

2. your violation of any terms stipulated in the Website Terms of Use Agreement published on the Website;

3) your violation of any third party right, including without limitation any copyright, property, or privacy right; or

4. any claim that your user’s account caused damage to a third party.

You specifically acknowledge that Masadavia Limited shall not be liable for user submissions of the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

5. The Company reserves the right to remove those advertisements that violate the law, public order or conflicts with the purpose of the Website.

6. Any links to external websites and/or non-Masadavia Limited provided on the website pages or returned from Masadavia Limited search engines are provided as courtesy. They should not be construed as an endorsement by the Masadavia Limited of the content or views of the linked materials. The Website administrator has not evaluated the suitability of the information provided via these linked-to sites, and inclusion of these links does not constitute the endorsement of any organization. The links provided are maintained by their respective organizations and they are solely responsible for their content.

7. Any disputes and claim related directly or indirectly to this statement shall be governed and construed under the laws of the Republic of Ireland. The court of the Republic of Ireland at the registration place of the Masadavia Limited shall have exclusive jurisdiction to settle any unsolved disputes.

Help. If you have any questions regarding the aforementioned matters, please do not hesitate to contact us at info@masadavia.ie.

COPYRIGHT NOTICE

Copyright © 2014 “MASADAVIA LIMITED”

Ownership of copyright

The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by “MASADAVIA LIMITED”.

 

Copyright license

“MASADAVIA LIMITED“  hereby grants to you a worldwide non-exclusive royalty-free revocable license to:

  • view this website and the material on this website on a computer or mobile device via a web browser;
  • copy and store this website and the material on this website in your web browser cache memory and/or download it to your local hard disk extracts, but only if you acknowledge the website as the source of the material; and
  • print pages from this website for your own (strictly personal and non-commercial) use.

 

“MASADAVIA LIMITED“ does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.

You may not, except with our express written permission, distribute or commercially exploit the website’s content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system. For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without “MASADAVIA LIMITED“ prior written permission.

Data mining

The automated and/or systematic collection of data from this website is prohibited.

Permissions

You may request permission to use the copyright materials on this website by writing to us at info@masadavia.ie.

 

Enforcement of copyright

“MASADAVIA LIMITED“ takes the protection of its copyright very seriously. If “MASADAVIA LIMITED“ discovers that you have used its copyright materials in contravention of the license above, “MASADAVIA LIMITED“ may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.

If you become aware of any use of “MASADAVIA LIMITED“ copyright materials that contravenes or may contravene the license above, please report this by email to us at info@masadavia.ie.

Infringing material

If you become aware of any material on the website that you believe infringes your or any other person’s copyright, please report this by email at info@masadavia.ie.