These Terms and Conditions shall apply to Your use of the website located at www.mourne2day.com and its related domains (“the Mourne Mountain Marathon Site”).
By using the Mourne Mountain Marathon Site You agree to be bound by the terms and conditions set out below. If You do not wish to be bound by these terms and conditions, You may not use the Mourne Mountain Marathon Site.
As part of Our commitment to ensuring the Mourne Mountain Marathon Site is one You want to visit time and time again We welcome your comments on any of the policies or rules set out below. To contact Us please use the Contact Us section of the Mourne Mountain Marathon Site or write to us at the address given in the entries section of the site.
1.1 “You/Your” means You, the user, “We/Us” means Mourne Mountain Marathon and its members. “Mourne Mountain Marathon Site” shall have the meaning as set out above. “User Information” means the personal details which may be provided by You to Us via the Mourne Mountain Marathon Site. “Users” means the users of the Mourne Mountain Marathon Site collectively and/or individually as the context admits. “Website” means a site on the World Wide Web.
2. ACCEPTABLE USE
We insist that any use by You of the Mourne Mountain Marathon Site shall be in accordance with the following conditions:
2.1 You must not post or transmit through the Mourne Mountain Marathon Site any defamatory, threatening, obscene, harmful or pornographic material or material which would violate or infringe in any way upon the rights of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience or which do not comply with all relevant laws. You must not post messages that are vulgar, crude, sexist, racist, homophobic or otherwise offensive. Always treat other Users with respect.
2.2 You shall not post or otherwise make available on the Mourne Mountain Marathon Site any material which You do not own without the express permission of the owner of the material.
2.3 You may not copy, download, reproduce, republish, broadcast, transmit in any manner whatsoever, any material on the Mourne Mountain Marathon Site except as is strictly necessary for Your own personal non-commercial home use.
2.4 You may not register multiple accounts on the Mourne Mountain Marathon Forums, part of the Mourne Mountain Marathon Site. Any Users found to have registered more than one account on the Mourne Mountain Marathon Forums are liable to have their right to post removed.
3. THIRD PARTY WEBSITES
3.1 You acknowledge and agree that We are not responsible for the availability of any third party Websites or material You access through the Mourne Mountain Marathon Site, and do not endorse and are not responsible or liable for any content, advertising, products or services on or available from such Websites or material, nor for any damage, loss or offence caused, or alleged to be caused, by or in connection with use of or reliance on any content, advertising, products or services available on or available from such Websites or material.
3.2 Any dealings between You and any advertisers or merchants found on or via the Mourne Mountain Marathon Site, including payment for and delivery of products, services and any other terms, conditions, warranties or representations, associated with such dealings, are solely between You and the relevant advertiser or merchant. You agree not to hold Us liable for any loss or damage of any kind incurred as the result of any such dealings.
3.3 Links to third party sites may only be included in forum posts where a clear relevance to the thread in question exists. Any Users posting URLs of sites excessively or in a way which could be construed as advertising are liable to have their right to post removed.
4. INTELLECTUAL PROPERTY
4.1 All copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the Mourne Mountain Marathon Site shall remain at all times vested in Us or Our licensors. You are permitted to use this material or content only as expressly authorised in writing by Us or Our licensors and may not and agree not to assist or facilitate any third party to copy, reproduce, transmit, distribute, commercially exploit or create derivative works of such material or content.
4.2 If You become aware of any such distribution or commercial exploitation, You agree to notify Us immediately.
4.3 You acknowledge that by posting materials on the Mourne Mountain Marathon Site You grant to Us and Our licensors and assigns an irrevocable, perpetual royalty free worldwide licence to use the materials within the Mourne Mountain Marathon Site and in any other manner. The licence extends to copying, distributing, broadcasting, and otherwise transmitting, and adapting and editing the materials.
5. MOURNE MOUNTAIN MARATHON’S RIGHTS
5.1 Material which is posted on any bulletin boards or chat forums is written by Users and We are not responsible for and give no endorsement of such material. We monitor the contributions and may respond to or comment upon communications by You and edit, refuse to post or remove any content from the bulletin boards and chat forums in its absolute discretion. No failure to remove particular material constitutes an endorsement or acceptance of it by Us.
5.2 To the extent permitted by law, We make no warranties, express or implied, as to the content of the Mourne Mountain Marathon Site or the accuracy, timing or reliability of any information or statements contained therein, or statements, advice and opinions given by Users on the bulletin boards and chat forums which are those of such Users only. We neither endorse nor shall be held responsible for the reliability or accuracy of the same and We are not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided on the Mourne Mountain Marathon Site. If You have any claim arising from the actions or statements of another User, You agree to pursue such a claim only against that User and not from Us.
5.3 We will endeavour to provide the Mourne Mountain Marathon Site using all reasonable care. To the extent permitted by law, We exclude all implied warranties as to quality, accuracy or fitness and We do not warrant that the material contained in the Mourne Mountain Marathon Site, any of the functions contained in the Mourne Mountain Marathon Site and the server will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material.
5.4 We reserve the right, at any time, to modify, alter, or update these terms and conditions of use, and You agree to be bound by any such modifications, alterations or updates which are posted on the Mourne Mountain Marathon Site.
5.5 We shall not be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with Your use of the Mourne Mountain Marathon Site, whether direct or indirect, including, damage to software or hardware, damage for loss of business, loss of profits, or any other consequential loss. Nothing in these terms or conditions shall exclude or limit Our liability for death or personal injury resulting from the negligence of Us, our servants, agents or employees.
6.1 We shall comply with applicable UK Data Protection legislation from time to time in place in respect of any personal information relating to You gathered by Us.
6.3 Please use the Contact Us section of the Mourne Mountain Marathon Site to notify Us of any changes to the information You have previously given or if You wish to withdraw Your consent to Our using the User Information for the stated purposes or for any form of promotional contact.
We give Our ongoing commitment to ensuring through Our policy of safety that You can use the Mourne Mountain Marathon Site with confidence. When using the Mourne Mountain Marathon Site, in particular any bulletin boards or chat forums, You should always take the following precautions:
7.1 keep Your identity private. Do not give out Your full name, postal address, telephone number, e-mail address, or any other information (other than that specifically requested by Us), that could help someone discover Your actual identity;
7.2 never get together with someone You meet online.
7.3 do not reply to any messages that are hostile, rude or inappropriate, or in any way make you feel uncomfortable. Instead, let us know about them by using the Contact Us section of the Mourne Mountain Marathon Site.
8.1 You agree to indemnify Us, and/or any of Our affiliates and Our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by You or any other liabilities arising out of Your use of the Mourne Mountain Marathon Site.
9.1 We shall have the right immediately to terminate Your use of the Mourne Mountain Marathon Site if We determine in Our sole discretion that You have breached these terms and conditions or otherwise been engaged in conduct which We determine in Our sole discretion to be unacceptable.
10.1 Should You wish to make any comments to Us about the Mourne Mountain Marathon Site or if you have any questions relating to the same please use the Contact Us section of the Mourne Mountain Marathon Site.
If any of these terms and conditions are determined to be invalid or otherwise unenforceable by reason of the application of any law, such provisions shall be severed and deleted from these terms and conditions and the remainder of these terms and conditions shall continue to have full force and effect.
11.2 Governing Law
These terms and conditions shall be governed by and construed in accordance with the law of Northern Ireland and both You and Us hereby submit to the non-exclusive jurisdiction of the courts of Northern Ireland. This, however, shall not prevent the Mourne Moutain Marathon from pursuing a claim for breach of contract, copyright infringement or otherwise in respect of this Agreement in any other jurisdiction