Terms & conditions of using www.ark.ie
1. Your Acceptance
2. Background to the Site
2.1 This site is designed, created and co-ordinated by The Ark to promote and inform the public about The Ark’s work, as well as to engage The Ark’s audience.
2.2 The interactive area on the Site is intended for Children under the age of 13. As the parent/guardian/teacher of children using the Site, the parent/guardian/teacher shall take responsibility for the child’s use of the site. See The Ark’s Internet Safety statement for more information.
3. Site Access
3.1 The Ark hereby grants users permission to use the Site as set forth in these Terms, provided that:
(a) your use of the Site as permitted is solely for your personal, non-commercial and lawful use;
(b) you will not copy or distribute any part of the Site in any medium without The Ark’s prior written authorisation;
(c) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose;
(d) you will not frame or include any portion of the Site within another site’s window frame without The Ark’s prior written authorisation; and
(e) you will otherwise comply with the terms and conditions of these Terms.
4. Prohibited Content
4.1 It is impossible to provide an exhaustive list of exactly what constitutes acceptable and unacceptable use of this Site. In general, The Ark will not tolerate any use of the Site which causes or threatens to cause any harm or upset to any other users (and most particularly in the case of Children), which damages or is likely to damage its reputation, the availability or integrity of the Site or which causes or threatens to cause The Ark to incur any legal, tax, regulatory or other liability. The Ark therefore requests you to treat the Site with respect, and not to use the Site for any illegal purpose, or in such a way as to infringe or breach third party rights or to cause or threaten to cause The Ark damage.
4.2 If any material on this Site, or your use of this Site, is contrary to the laws of the jurisdiction in which you are located, then this Site is not intended for your use and you should not use this Site. You are responsible for compliance with the laws of the jurisdiction in which you are located.
4.3 The Ark reserves the right to use in part or its entirety, any content, communication, information, intellectual property, material, messages, photos, videos, URLs, profiles and the like (collectively, the Content) that is uploaded, published or displayed that it receive from users. Any such Content will be considered non-confidential and non-proprietary, and The Ark have the right to use, copy, distribute and disclose to third parties such Content. By posting any Content on the Site, you are granting The Ark a perpetual, irrevocable, worldwide, royalty-free licence to publish such
4.4 You understand and agree that The Ark may (but is not obliged to) review any Content on the Site and, at its sole discretion, delete or refuse to accept any such Content, including, without limitation, any Content that in The Ark’s sole judgement violates these Terms or which might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of other users. You are solely responsible for the Content that you post on the Site, or transmit to third parties through or in connection with the Site. The Ark do not control (other than as expressly provided for in these Terms) the Content posted via the Site and, as such, do not guarantee the accuracy, integrity or quality of such Content. You acknowledge that all posts made to this Site express the views and opinions of the author and not The Ark’s views or opinions (save and except for posts made by The Ark) and hence The Ark will not be liable for such posts. Under no circumstances will The Ark be liable in any way for any Content it does not create, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site.
4.5 By posting Content, you represent and warrant that you:
(a) have the right to post the Content;
(b) will not post any illegal or prohibited Content; and
(c) will not infringe, misappropriate, violate or contravene any third party rights (including, without limitation, any intellectual property rights).
4.6 The following is a non-exhaustive list of the kind of Content that is illegal or prohibited on the Site (Prohibited Content), and The Ark reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Site.
Prohibited Content includes Content that:
(a) contains advertising or any form of commercial solicitation;
(b) personally identifies any Child or user;
(c) you are not authorised to make available under any law, including but not limited to, Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(d) is offensive (for example, Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual);
(e) harasses or advocates harassment of another person;
(f) involves the transmission of “junk mail”, “chain letters”, unsolicited mass mailing or “spamming”, pyramid schemes or any other form of unauthorised or unsolicited and unwelcome communication with any third party;
(g) solicits passwords or personal identifying information of any kind for commercial or unlawful purposes from other users;
(h) makes available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to in connection with the Site;
(i) promotes information that you know is false, misleading or that promotes illegal activities or conduct or content that is illegal, abusive, threatening, obscene, vulgar, pornographic, indecent,
defamatory or libellous or otherwise violates the rights (such as rights of privacy and publicity) of others; and
(j) statements or postings that violate the above terms or that The Ark believe in its sole and absolute discretion should not be posted.
4.7 The Ark may remove such User Submissions and/or terminate your access for uploading Prohibited Content at any time, without prior notice and at its sole discretion.
4.8 You must use the Site only in a manner consistent with any and all applicable laws, statutes and regulations. Your use of this Site constitutes notice that your IP address is recorded as an additional enforcement mechanism should you breach any of the Terms. You agree that you are solely responsible for (and that The Ark have no responsibility to you or any third party for) any breach of your obligations under the Terms and for the consequences of any such breach.
4.9 You agree that The Ark may access, preserve, and/or disclose your account information, IP address and/or Content if required to do so by law or in the good faith belief that any such access, preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the Terms;
(c) respond to any claims that any Content violates the rights of third parties; and/or
(d) protect the rights, property, or personal safety of The Ark, other users of the Site and/or any other third party.
4.10 If you become aware of any infringement of these or you have a reasonable suspicion that there has been an infringement (for example but not limited to, defamatory comments), you should immediately report any such infringement to The Ark in accordance with Clause 9 below.
5. Intellectual Property Rights
5.1 The content on the Site, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (together, The Ark Content), are owned by or licensed to The Ark subject to copyright and other intellectual property rights under Irish and foreign laws and international conventions.
5.2 The Ark Content on the Site is provided to you as is for your information and for the use prescribed herein only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of The Ark.
5.3 By using this Site you agree to not engage in the use, copying, or distribution of any of the content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Site for any commercial purposes or any other purposes other than as expressly prescribed by The Ark. If you download, print or otherwise record a copy of the content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
6. User Submissions
6.1 The Site is intended for the submission of creative projects by Children and/or Teachers (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, THE ARK does not guarantee any confidentiality with respect to any submissions other than in accordance with the Privacy Statement.
6.2 When submitting content online, users under 18 years of age must have a parent/guardian/teacher consent to the submission under the Terms & Conditions laid out in this document. We require that at the parent/guardian/teacher granting consent be 18 years of age or older, and, on behalf of their Child, confirmed that they are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
6.3 All User Submissions are mediated by a member of The Ark staff, before being shared publically.
6.4 While The Ark will endeavour to publish all User Submissions determined to be suitable under the Terms and Conditions of the site, due to space and resource constraints, we regretfully cannot guarantee to publish all suitable content.
6.5 You (being the relevant Guardian and their Child in the case of submissions by Children, or the Teacher in the case of submissions by a Teacher, referred to herein as the “Submitter”) shall be solely responsible for your User Submissions and the consequences of posting or publishing them. In connection with User Submissions, the Submitter affirms, represents, and/or warrants that:
(a) the Submitter owns or has the necessary licenses, rights, consents, and permissions to use and authorise The Ark to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms; and
(b) the Submitter has the consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms.
6.6 For clarity, the Submitter retains all of its ownership rights in its User Submissions. However, by submitting the User Submissions to the Site, the Submitter hereby grants The Ark a worldwide, non-exclusive, royalty-free, sublicenseable and transferable licence to use, reproduce, distribute, display, and perform the User Submissions in connection with the Site and the Initiative, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. The Submitter also hereby grants each user of the Site a non-exclusive licence to access its User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms.
6.7 You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that The Ark is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against THE ARK with respect thereto, and agree to indemnify and hold The Ark and its affiliates, officers, directors, employees, and agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
7. Links To Third Party Sites
The Site may contain links to third party sites that are not owned or controlled by The Ark. The Ark has not authorised, has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites. In addition, The Ark will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve The Ark from any and all liability arising from your use of any third-party site. Accordingly, THE ARK encourages you to be aware when you leave the Site and to read the terms and conditions and privacy statement of each other site that you visit.
8.1 The Ark is committed to protecting your privacy and security. The Ark is keenly aware of the importance of protecting such privacy in the context of User Submissions from Children under the age of 13.
9. Disputes with other Users Complaints Procedure
9.1 Your interaction with other users of the Site and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and those other users. You agree that The Ark will not be held responsible for any loss or damage incurred as a result of any such dealings or with respect to any other user’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party, The Ark is under no obligation to become involved. However, The Ark reserves the right, but has no obligation, to monitor disputes and/or act in accordance with the complaints’ procedure outlined in this clause.
9.2 If you feel that any Content has directed libel or defamation towards you, or to any other third party, or that these Terms have been infringed in any way, you should submit full details of such to The Ark. The Ark may respond, using its reasonable discretion, with a view to ensuring that damage is limited, by editing or removing Content that it reasonably consider to be offensive or infringing. If necessary/possible, the user who posted the offensive or infringing Content will be banned or suspended from the Site to limit the possibility of any further offensive or infringing Content being posted.
10. Warranty Disclaimer
You, being the relevant Guardian and their Child in the case of use by Children, or the teacher, in the case of use by a Teacher/parent, agree that your use of the site shall be at your sole risk. To the fullest extent permitted by law, The Ark and its affiliates, officers, directors, employees, and agents and/or licensors disclaim all warranties, express or implied, in connection with the site and your use thereof. The Ark makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any
(i) errors, mistakes, or inaccuracies of content,
(ii) property damage, of any nature whatsoever, resulting from your access to and use of our site,
(iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our site,
(iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our site by any third party, and/or
(v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the site.
11. Limitation of Liability
In no event shall The Ark and its affiliates, officers, directors, employees, and agents and/or licensors be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:
(i) errors, mistakes, or inaccuracies of content,
(ii) property damage, of any nature whatsoever, resulting from your access to and use of our site,
(iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
(iv) any interruption or cessation of transmission to or from our site,
(iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our site by any third party, and/or (v) any 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 site, whether based on warranty, contract, tort, or any other legal theory, and whether or not The Ark is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law. The Ark makes no representations that the site is appropriate or available for use in jurisdictions other than Ireland. Those who access or use the site, regardless of the jurisdiction in which they use or access the Site, do so at their own volition and are responsible for compliance with local law.
You (being the relevant Guardian and their Child in the case of use by Children, or the Teacher, in the case of use by a Teacher) agree to defend, indemnify and hold harmless The Ark and its affiliates, officers, directors, employees, and agents and/or licensors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to solicitors fees) arising from:
(i) your use of and access to the Site;
(ii) your violation of any term of these Terms;
(iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or
(iv) any claim that one of your User Submissions caused damage to a third party. This indemnity shall survive the cessation or termination of your use of the Site.
13.1 The Terms and the relationship between you and The Ark shall be governed by the laws of Ireland and you agree to submit to the exclusive jurisdiction of the Irish courts. Notwithstanding this, you agree that The Ark may at its sole discretion apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
13.2 Any failure by The Ark to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.