What are the Terms and Conditions to use FolensOnline?

Access to, and use of, this website is subject to our Terms and Conditions, so please read them carefully. These may change from time to time. Accessing and using this website means that you agree to abide by our Terms and Conditions, so if you do not wish to be bound by them, please do not use the website.

Copyright

Folens Publishing Company ("Folens Publishers") owns and operates this site and unless stated otherwise, all information and rights belong to Folens Publishers and are protected by copyright and trademark laws. We reserve all rights in such information that is available on this site.

You may access the site and use the information held within the site solely for educational purposes. You may not copy, reproduce, republish, modify, adapt, upload, post, transmit or distribute information held within this site in any way except as expressly provided in these Terms and Conditions. You may not delete or modify information or use information for any unauthorised purpose as this is a violation of our copyright, trademark, and trade secret rights and others' proprietary rights.

You are not permitted to remove or amend any trade mark, copyright or other proprietary notice on any of our products. You acknowledge that all rights in, and to, all copyrights, know how and other intellectual property rights relating to our products are and shall remain our property (or the property of our third party licensors). You will not at any time do, or cause to be done, any act or thing which impairs or infringes those rights.

The content used from this site is licensed to you by us on a non-exclusive, non-transferable, non-sub licensable basis. Title to the content is not transferred to you. You may not redistribute, sell, decompile, reverse-engineer or disassemble the site or the content held within the site or otherwise attempt to derive the source code of the software and infrastructure that enables or underlies the services provided by us.

Unfortunately, users outside of the Republic of Ireland are not able to access this material due to copyright restrictions. Due to the large size of these files, it is also not possible to put content onto any removable media such as CDs, DVDs or USB memory sticks.

If you wish to reproduce any information outside of the authorised purposes write to us at Folens Publishers, Hibernian Industrial Estate, Greenhills Road, Tallaght, Dublin 24, Ireland

Registration

Details of how to register with us are set out in our Registration Policy. We reserve the right, exercisable in our absolute discretion, to refuse your application for registration.

If you choose to register with us, you agree to provide only accurate, complete registration information, and you further agree that you will notify us of any changes to that information. You must register using your real name. Access to the site and related services is not authorised by any other person or entity using your registration details and you are responsible for preventing such unauthorised use. You shall be responsible for all activity occurring under your registration details and account, and shall abide by applicable laws, rules and regulations in connection with your use of the services offered via the site, including those related to data privacy and the transmission of technical or personal data. You shall immediately notify us of any unauthorised use of your registration details and/or your account with us.

Cost

At present there is no cost to using the current version of this web site. However, Folens Publishers reserve the right to change that at any time. If that becomes so, Folens Publishers shall notify you in advance and if any charges are payable for such use VAT will also be payable at the applicable rate.

Disclaimers and warranties

Folens Publishers take every reasonable measure to maintain a high quality to the content within this website. However, we do not make any representation or give any warranty or undertaking as to quality or fitness for purpose, or that the content within this site is not defamatory, injurious, obscene or unlawful, or that any trademarks or copyright used on or in connection with the site do not infringe any intellectual property rights not owned by us.

We do not make any representation or give any warranty or undertaking that the functions of the web site meet your requirements or that the media is compatible with any computer system on which it is used or that the operation of the software will be unlimited or error-free. In no event shall we be liable for any damages whatsoever arising out of the installation or use of any third party software that you use to view the web site. You assume responsibility for using the site and related content to achieve your intended results and for the use of, and results obtained from, the site.

As far as is permitted by law, all implied warranties, conditions or other terms are hereby excluded. We shall not in any circumstances be liable for any loss of profits, data, business, revenue, goodwill or anticipated savings or for any special, indirect, consequential or economic loss howsoever caused.

The limitations on liability apply regardless of the nature of any claim, whether based on warranty, contract, tort or any other legal or equitable theory and whether or not Folens Publishers has been advised of the possibility of such damages. The aggregate liability of Folens Publishers to you for claims arising out of or in connection with the Terms and Conditions will not exceed the lesser of (a) all amounts paid by you under these Terms and Conditions within the last twelve (12) months and (b) fifty Euros (€50).

You represent and warrant that you will not use the site for any unlawful purpose and that your use of the site does not constitute or give rise to a breach of any applicable law. Without in any way limiting the foregoing, you further represent and warrant that you shall not use the site for the following purposes:

  • transmission, uploading, linking or posting to the site of, or otherwise making available, any material which constitutes or encourages the commission of a civil or criminal offence or which infringes any intellectual property rights or similar rights of any person;
  • transmission, uploading, linking or posting to the site of, or otherwise making available, any obscene, indecent, pornographic, defamatory, offensive or abusive material, or any content or information that is unlawful, harmful, threatening, harassing, vulgar, deceptive, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • attempting to gain access to secure portions of the site to which you do not possess access rights;
  • use any automatic or manual process to search or harvest information from the site or services, or to interfere in any way with the proper functioning of the site or services;
  • transmission, uploading, linking or posting to the site, or otherwise making available, any material which contains a virus or other hostile computer program or running any applications that could lead to a modification of the physical or logical structure of the networks being used;
  • spamming or any other form of commercial advertising or marketing;
  • deep linking and aggregating by use of any robot, spider, or other automatic device or manual process to monitor or copy pages or the content contained on the site

You agree to keep secret and not disclose to any other organisation any password or authentication code which we may give to you and to use it only for the authorized purpose communicated to you by us.

Indemnification

You agree to indemnify, keep indemnified, defend and hold harmless Folens Publishers, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to reasonable legal fees) arising from:

  • your use of and access to the site, the content and the services;
  • your violation of any of these terms and conditions;
  • your infringement of any third party right, including without limitation any copyright, property right or privacy right;
  • any claim that your Uploaded Content (as defined below) caused damage to a third party.

These indemnification and defence obligations will survive termination or expiry of these Terms and Conditions.

Uploaded Content

You have the ability to upload images, photos, graphic designs, documents, worksheets, data, presentations and/or other types of content as well as links to other sites to the site, which will be available for you to access via your account. You shall be solely responsible for your Uploaded Content and the consequences of uploading such content.

In connection with your Uploaded Content, you affirm, represent and warrant that:

  • you alone have the necessary licences, rights, consents and permissions to use and upload your Uploaded Content to enable the use of your Uploaded Content in the manner contemplated by Folens Publishers services and the site; and
  • you have the written consent, release, and/or permission of each and every identifiable individual person in your Uploaded Content to use the name or likeness of each and every such identifiable individual person to enable the uploading and use of your Uploaded Content in the manner contemplated by the services and these terms and conditions.

We do not claim ownership of any of your Uploaded Content. You retain all of your ownership rights in your Uploaded Content. However, you hereby grant to Folens Publishers a non-exclusive, royalty-free, transferable, sub-licensable, worldwide right to use, copy, transmit and display your Uploaded Content solely to the extent necessary for us to provide the services to you.

Folens Publishers does not condone copyright infringing activities and infringement of intellectual property rights. Folens Publishers will remove your Uploaded Content if properly notified by a third party that your Uploaded Content infringes its intellectual property rights.

Links to Other Sites

You may find links from the site to independently managed world-wide web servers whose content we have found of possible interest to users of this website. Whilst we have visited the sites to which we are linked, we cannot control the content that may appear on these sites or any attachments to them and so we make no warranty or representation regarding any linked sites.

You may also obtain goods and services from third parties which may be accessed through links on the site. We exclude liability for any errors, omissions or inaccuracies in such material, information and in respect of goods and services provided by such third parties. Unless otherwise specified, we are not selling or offering for sale any goods or providing any services of such third parties nor are we acting as their agent. We are not responsible or liable in any way for any dealings you may have or the consequences of such dealings with any such third party. Any such dealing will be on the terms and conditions express or implied of that third party.

Data Protection and Privacy

We will process your personal data in accordance with our obligations under the Data Protection Acts, 1988 and 2003. Further details are set out in our Data Protection Policy which you confirm you have read and understood.

Modification to the Site and Services

We reserve the right to modify, suspend or discontinue the site and the services that are offered by Folens Publishers from time to time, with or without notice to you, and we are not liable to you or any third party should we exercise such rights. If you object to any such changes, your sole recourse is to discontinue using the site and the services. Continued access and/or use of the site and/or the services following notice of any such changes shall indicate your consent to and acceptance of such changes.

General

These Terms and Conditions are governed by and shall be construed in accordance with the laws of Ireland and all disputes shall be submitted to the exclusive jurisdiction of the Irish courts.

This agreement commences on the date you first access the site and accept the Terms and Conditions, and will continue in force until terminated by either us or you.

This agreement and any right you may have under this agreement will come to an end immediately without any notice from us if in our sole discretion you do not comply with any term or provision of this agreement. Termination of this agreement by us will not affect any other rights or remedies we may be entitled to at law (or otherwise).

Once this agreement come to an end (and for whatever reason) your right to access and use the site and its content shall immediately cease and you must destroy at your own expense, all information obtained from the site.

You may not assign, transfer or novate any of these Terms and Conditions, in whole or in part, to any third party and any attempt by you to do so shall be invalid.

Should any part of these Terms and Conditions be held invalid or unenforceable, that portion will be construed in a manner which is consistent with applicable law and the remaining portions will remain in full force and effect.

Our failure to enforce any provision of these Terms and Conditions will not be considered a waiver of the right to enforce such provision.

These Terms and Conditions constitute the entire and only agreement between you and us, and supersede all other agreements, representations, warranties and understandings that relate to the subject matter of these Terms and Conditions.

Contact information

If you wish to contact us our address is Folens Publishers, Hibernian Industrial Estate, Greenhills Road, Tallaght, Dublin 24, Ireland. Alternatively you can telephone Customer Services on 01 4137 200 or e-mail support@folens.ie

A company registered in the Republic of Ireland. Company number: 58250.

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