Thank you for visiting http://www.looper.ie which is owned and operated by Vision Digital Networks Limited (hereinafter referred to as “looper”). Please read these Terms and Conditions carefully as they constitute a binding legal agreement between you and Looper.
By accessing or viewing this Site by any means, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. We recommend that you print a copy of these Terms and Conditions for your future reference. If you do not agree to these Terms and Conditions, then you must not use this Site or post any material whatsoever on this Site. Please note that before registering with this Site, you will again be required to tick a box indicating that you have read and understood the following Terms and Conditions. Furthermore, each time you post material to this Site you will be asked to tick a box indicating that you have read and understood the following Terms and Conditions.
Terms and Conditions
1.1 As outlined above, this Site is owned and operated by looper. Our registered office is Dublin Road, Ashbourne, Co. Meath, Our Company No. is 472664 .
1.2 All rights in this Site are owned by looper. Any unauthorised use, copying or modification is prohibited.
3. Changes to the Terms and Conditions
4.1 This Site is not directed at persons under the age of 18 and therefore person under the age of 18 are not permitted to view this Site.
4.2 You must be aged 18 years of age or over to register with this Site and post any material to this Site. If you are aged 13 years of age but under the age of 18 you must obtain the consent of a parent or legal guardian before posting any material to this Site. Any person who registers as a user of the Site 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. Looper cannot and is not required to verify the age of users of this Site. Looper hereby notifies you that by posting any material on this Site 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 any material.
4.3 If you are using this Site as a representative of a company or other entity, you represent that you have the authority to enter into these Terms and Conditions 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. Your Use of the Site
5.1 The Site is made available for your personal, non-commercial use only, except where otherwise authorised by us.
5.2 Looper hereby grants you a limited, non –exclusive and revocable licence to access this Site for the purposes of browsing the Site and posting material on the Site. Your licence to use our Site, except where otherwise authorised by us, does not extend to any commercial use of the website, or to any use of our website whatsoever for the benefit of any commercial entity other than us (or one of our associated companies).
5. 3 You agree not to access, tamper with or use non public areas of the Site. You agree not to modify, adapt, translate, or reverse engineer any portion of the Site, nor to use any robot, spider, or other device to screenscrape any portion of the Site or any material from the Site, except as expressly authorised in writing by us.
6.1 You are only permitted to register as a user of this Site and post material 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 this Site.
6.2 Any person who registers as a user of this Site represents that they are 18 years of age or older or that they are 13 years of age or over and have obtained the consent of a parent or legal guardian. Looper cannot and is not required to verify the age of users of the Site.
6.3 Looper hereby notifies you that by registering as a user of this Site or posting material on the Site you hereby represent that you are over the age of 18 or that you are 13 years of age or over and have obtained the consent of a parent or legal guardian each time you post any material on the Site.
6.4 If you are registering as a user of this Site as a representative of a company or other entity, you represent that you have the authority to enter into these Terms and Conditions on behalf of that company or entity, and agree that the terms “you” and “your” in these Terms and Conditions refers to your company or other entity.
6.5 If you choose to register an account with the Site, then you will be asked to choose a username and password and tick a box indicating your acceptance of these Terms and Conditions. Please use a strong password i.e. a password which is made up of a number of numbers, upper and lower case letter and symbols). Please do not use your name or date of birth as your password. Please note once you enter your username and password and indicate your acceptance of the Terms and Conditions, a request for registration will then be sent to Looper who will then decide, at its absolute sole discretion whether to accept you as a member of the Site.
6.6 If Looper does accept you as a member of the Site, you will receive an email notifying you that of such.
6.7 Please note that you are responsible for all activities occurring under the username you have chosen. You agree that by registering on our Site that you will keep all of your passwords confidential.
6.8 By registering on this Site, you agree that your account and password are personal and may not be used by anyone else to access this Site. You will not provide any false information on this Site, or create an account for anyone other than yourself without permission; you will not create more than one personal account; you will not create a username that is vulgar, offensive, contains any profanity, promotes illegal activity or violates any trade mark or other proprietary right; you will not create a username that contains the words “Looper”, “Vision Digital Networks Limited” or any words confusingly similar thereto or otherwise misrepresents your relationship with this Site or its owners.
6.9 You agree to notify us immediately if you become aware of any unauthorised use of your account or access to your password.
6.10 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.
6.11 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.
6.12 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.
6.13 If for whatever reason, we believe that you have not complied with these Terms and Conditions, we may, at our at our absolute discretion, delete material posted 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.
6.14 These Terms and Conditions, including, in particular, the indemnities contained herein, shall survive any suspension or termination of your account.
7. Material Posted On The Site
7.1 Please note that you are liable for the contents of any material you post on the Site. Looper or its owners has no liability whatsoever for any material posted on its Site by users. Any views or comments expressed in the user posts are not necessarily the views of Looper, its owners or any entity associated with it. We strongly advices that you read these Terms and Conditions and our separate Posting Policy before posting any material on this Site. You will be deemed to consent to these Terms and Conditions and our Posting Policy if you choose to post any content on our Site.
7.2 The material you post on this Site will be viewed by other users of the Site. You should only provide material that you are comfortable sharing with other people.
7.3 Please note that users aged 13 years of age 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 material on this Site.
7.4 Looper is not responsible for and does not endorse the contents of user’s posts or warrant the accuracy, completeness, truthfulness, legality or reliability of user’s posts. You are entirely responsible for material which you post. You agree to fully indemnity Looper in event of any legal proceedings being brought against Looper, its 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, in consequence of your posting any material on the Site. For the avoidance of doubt, the indemnity you give to Looper 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 and Condition, the Posting Policy and/or applicable law.
7.5 We expect you to act responsibly in posting comments. You agree, through use of this service, not to post any material which:
Violates the criminal law; Promotes or encourages illegal activity; Bullies, intimidates, or harasses any other user; Is sexist, racist, homophobic, offensive on the grounds of religion, nationality or demographic group. Post personal information about other users. 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, trade mark, trade secret, database right, right of privacy or publicity or other proprietary or intellectual property right of any party; Includes any spam, unauthorised advertising or any other form of commercial publicity; Uses the Site for commercial purpose, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services; Is irrelevant, repetitive or imposes an unreasonable or disproportionately large load on the Site servers, bandwidth or infrastructure; Falsely claims to be sponsored or endorsed by looper; Encourage or facilitate any violations of these Terms and Conditions; or contains any virus, Trojan horse, worm or similar harmful and/or disruptive material.
7.6 Due to the real-time nature of the Site, Looper cannot and is not required to review the contents of posted material, nor does it confirm the validity of information submitted.
7.7 You acknowledge and understand that by using this Site you may be exposed to material that is inaccurate, untruthful, unreliable, offensive, harmful or otherwise inappropriate. Looper hereby notifies you that it does not actively monitor users’ posts and, as such, is not responsible for and gives no warranty or representation in relation to users’ posts. You acknowledge that Looper has no obligation to pre-screen, monitor, review or edit any material posted by you and other users on this Site. Users are encouraged to bring any comment they deem offensive or objectionable to the attention of the team by clicking on the “report post” link beside the relevant post and identifying the specific material that they consider is objectionable. You will be asked to give your reasons for wanting the material removed.
7.8 If you believe that any content on this Site contains a defamatory statement, please notify us immediately by clicking on the “report post” and identifying the specific material that you consider defamatory and providing sufficient information to permit us to contact the complaining party and also by sending an email to us at email@example.com identifying the specific material that you consider defamatory and providing sufficient information to permit us to contact the complaining party. Please note that this email address is only monitored during the office hours of Looper which are from 9am to 5pm from Monday to Friday (excluding any bank holidays or national holidays]. Any emails received outside these times will not be dealt with until the office re-opens.
Looper operates on a "notice and takedown" basis. Once this notification has been received and reviewed by Looper, Looper will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.
7.9 Whilst Looper does not monitor comments, we reserve the right to remove, refuse to publish, edit, cut and/or crop any material posted on this Site that comes to our attention via a complaint or otherwise. Users who repeatedly flout our Posting Policy or these Terms and Conditions will be barred from posting material on this Site and their accounts will be de-activated and they will be banned from registering again in the future with this Site.
7.10 Looper reserves the right to immediately ban a user if there has been a serious breach of the Posting Policy or these Terms and Conditions. All decisions in relation to these matters are carried out at the sole discretion of Looper.
7. 11 Looper assumes no responsibility for the deletion or the failure to store comments or other information posted on its Site by you or other users of this Site.
7.12 Looper 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 material posted by you on this Site.
7.13 By posting any material on this Site, you grant Looper 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.
7.14 By posting any material on this 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 to any person by reason of any material posted by you.
8. Intellectual Property
8.1 All intellectual property rights in the website design, text, graphics, the selection and arrangement thereof and all software vest in Looper unless otherwise indicated. Looper reserves all of its rights.
8.2 You acknowledge that unless otherwise indicated, Looper is the sole owner of all content on this Site including, without limitation, 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.
8.3 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 this Site without our written permission.
8.4 We respect the intellectual property rights of others. If you believe that any material published in this Site infringes any intellectual property rights, please report it by clicking on the “report post” link and identifying the specific material that you consider infringing and providing sufficient information to permit us to contact the complaining party and also by sending an email to us at firstname.lastname@example.org.
9. Disclaimer and Waiver
9.1 We give no warranties of any kind concerning this Site or its content.
9.2 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.
9.3 We do not warrant that this Site or any of its contents is virus free. You must take your own precautions against such viruses as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.
9.4 You have read these disclaimers and agree to them on the basis that you agree it is reasonable.
10.1 Under no circumstances shall Looper 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.
10.2 Under no conditions and in no event shall Looper 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 and Conditions 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.
10.3 You acknowledge that your use of this Site 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 Looper, its 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.
11.1 You agree to indemnify, defend (at the request of Looper and hold harmless Looper, its 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 this Site or any part thereof;
3. The infringement or misappropriation by you, or a third party using your computer, of any account or password to access and/or use this Site; or
4. The infringement by you of any intellectual property rights.
12. Information Society Service Provider / Intermediary Service Provider 12.1 You agree and acknowledge that Looper 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 posts– it is not liable for such information nor is it under an obligation to monitor such information.
13. Entire Agreement / No Waiver 13.1 The Terms and Conditions applicable to ordering goods, the Terms and Conditions applicable to using the website, our Privacy Statement and our Comments Policy make up the entire agreement between you and Looper and supersede any prior agreement.
13.2 Any amendment to or waiver of this agreement by you 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.
14. Severability 14.1 If any provision of these Terms and Conditions is found to be void, invalid or unenforceable the remaining provisions will continue to be of full force and effect.
15. Governing Law 15.1 These Terms and Conditions shall be construed in accordance with Irish law and you agree to submit to the non exclusive jurisdiction of the Irish courts in all matters regarding these Terms and Conditions and your use of this Site.
16. Availability of Service 16.1 Looper may at our sole discretion and at any time discontinue temporarily or permanently this Site or any part thereof with or without notice.
16.2 You agree that any termination of access to the Site under any provision of these Terms and Conditions 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.
16.3 This Site 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.
16.4 Where possible, we will use reasonable efforts to give users fair notice of technical difficulties or termination or suspension of their access to this Site. 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.