Terms of Use

1. Introduction

Thank you for visiting our website Noteworthy (a “Site”) owned and operated by Journal Media (references in these Terms of Use to ‘we’, ‘us’ and ‘our’ are references to Journal Media Limited). Please read these terms of use (the “Terms of Use”) carefully as they constitute a binding legal agreement between you and us in relation to your use of the Site.

By viewing this Site whether it be via a web browser, Twitter, Facebook, e-mail or any other platform, you acknowledge that you have read, understood and agree to be bound by these Terms of Use. If you do not agree then you must not use the Site.

2. Privacy

Your privacy is important to us. Please read our Privacy Notice to see how we collect, use and protect your personal information. We recommend that you do this before using this Site.

3. Changes to Terms of Use

We may change, modify, add to or delete portions of these Terms of Use at any time. When we do, we will notify you of the changes by adding an “updated” icon next to the Terms of Use link on the front page of the Site for two weeks from the date of the change. However it is your responsibility to regularly review the Terms of Use for changes. By continuing to use the Site you will be deemed to have read, understood and agreed to be bound by these changes.

4. Your use of the Site

(i) Using Our Work We want other people and organisations to make use of our work and we collaborate with other journalists and media partners to help distribute our work. Full terms relating to use of our work can be found here: www.noteworthy.ie/using-our-work

(ii) Your Submissions to Noteworthy All entries are treated with complete confidentiality, you will not be revealed as a source under any circumstances. We abide by the Press Council of Ireland Code of Practice which commits us to protecting confidential sources of information.

You will only be identified if you choose to be quoted as part of a story that involves you.

We may contact you to request further information regarding a submission or to garner your feedback on a proposal based on your submission.

In the event that a proposal is planned for publication we will contact you to confirm that the proposal is to be published and to confirm the publication date.

All communications with you will be private and protected as per the Press Council of Ireland Code of Practice.

By making a submission to Noteworthy.ie, you grant a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, fully paid up and royalty free right to us to copy, prepare derivative works from, improve, distribute, publish, remove, retain, add, and use and commercialise, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties.

If you do not want to grant us the rights set out above, please do not make submissions to Noteworthy.

(iii) Capacity The site is not directed at children younger than 16 and therefore children under the age of 16 are not permitted to view the Site. We cannot guarantee that all content on the Site will be suitable for minors.

You are only permitted to make submissions if you are aged 18 or over. If you are aged 16 years or over but under the age of 18 you must obtain the consent of a parent or legal guardian before making a submission. We cannot and are not required to verify the age of users of the Site. By making submissions to the Site you warrant and represent that you are over the age of 18 or that you are 16 years or over and have obtained the consent of a parent or legal guardian.

If you are using the Site s as a representative of a body corporate, partnership, association or other entity (an “entity”), you represent that you have the authority to enter into these Terms of Use on behalf of that entity, and agree that the terms “you” and “your” in these Terms of Use refers to that entity.

4. Intellectual Property

All intellectual property rights in our Site design, text, graphics, the selection and arrangement thereof and all software vest in Journal Media unless otherwise indicated. Journal Media reserves all of its rights.

You acknowledge that all trademarks, 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, trademarks and other intellectual property rights in and relating to any of our Sites are solely owned by Journal Media.

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, any material made available on any of our Sites without our written permission unless the use is in adherence to our syndication policy.

5. Site Searching, Indexing and Screen-scraping

You agree not to modify, adapt, translate, or reverse engineer any portion of the Site, nor to use any robot, spider, site search/retrieval application, or other device to retrieve, index or screen-scrape any portion of the Site, except as expressly authorised in writing by us. You agree not to reformat or frame any portion of the Site. You agree to respect and follow the restrictions imposed by Journal Media’s robots.txt files.

6. Your Feedback and Suggestions to Us

From time to time users contact us with feedback, suggestions and submissions about the Site and how to improve our Site and the services we offer. We welcome your input, and the following terms ensure that we can use your contributions to improve.

You do not have to submit anything to us about the Site, but if you do you acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or any other submissions to us which may improve our products, services, or offerings shall become our property unless otherwise agreed by us.

By making a submission to us about the Site, you grant a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, fully paid up and royalty free right to us to copy, prepare derivative works from, improve, distribute, publish, remove, retain, add, and use and commercialise, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties.

If you do not want to grant us the rights set out above, please do not make submissions to us about the Site.

7. Defamatory Content

We abide by the Code of Practice of the Press Council of Ireland.

Journal Media operates on a “notice and takedown” basis. If you believe that any content on the Site contains a defamatory statement, please notify us immediately by sending an email to [email protected]. Once this notification has been received, we will use all reasonable endeavours to remove the defamatory content complained about within a reasonable time.

8. Disclaimer and Waiver

We do not give any warranty or make any representation as to the accuracy or completeness of the information contained on our Sites. Material posted on our Sites 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.

Although rigorous protocols are applied to the Site we do not warrant that the website is free from infection by viruses or anything else that has contaminating or disruptive properties.

Under no circumstances shall we 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.

Under no conditions and in no event shall we be liable whether in contract, tort or otherwise 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 of Use 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.

You acknowledge that your use of the 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 us, our 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.

9. Links to Other Websites

Our Site may contain links to websites operated by third parties over which we have no control. These links are provided for your convenience only and do not amount to an endorsement or recommendation of those sites. We do not exercise any control or supervision over the content of these linked sites. We are not responsible for the content or accuracy of or for the opinions expressed in these third party websites and these websites are not investigated, monitored or checked for accuracy or completeness by us.

We accept no liability in relation to those sites and should you choose to access third party sites you do so at your own risk. Third party sites linked via our Sites are not covered by these Terms of Use. You should not assume that these third party websites will abide by the same privacy policy to which we adhere.

10. Links

We permit third parties to link to our Site as so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

By linking to any of the above mentioned websites you hereby authorise Journal Media to link to any website owned or controlled by you.

11. Indemnity

You shall indemnify and keep Journal Media, our 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 (each an “Indemnified Party”) indemnified on demand from and against any and all losses, judgments, awards of damages, fines, penalties, fees, costs and expenses (including reasonable legal expenses) suffered or incurred by an Indemnified Party as a result of any third party claim threatened or brought against any Indemnified Party arising out of or in connection with any of the following:

1. Your use of our Sites or any part thereof:
2. Any violation of these Terms of Use or our Privacy Policy;
3. Any infringement or misappropriation by you, or a third party using your computer, of any account or password to access and/or use any of our Site; and
4. Any infringement by you of any intellectual property rights of any person.

12. Entire Agreement / No Waiver

These Terms of Use and our Privacy Policy, make up the entire agreement between you and us in relation to your use of our Site and supersede any prior agreement. Any amendment to or waiver of this agreement 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.

13. Severability

If any provision of these Terms of Use is found to be void, invalid or unenforceable the remaining provisions will continue to be of full force and effect.

14. Governing Law

The agreement between you and use as constituted by these Terms of Use and any non-contractual obligations arising out of or in connection with your use of our Sites are governed by and shall be construed in accordance with the laws of Ireland, and the courts of Ireland shall have exclusive jurisdiction to hear, settle and determine any dispute which may arise out of or in connection with these Terms of Use save that we retain the right to bring proceedings against you in your country of residence or any other court of competent jurisdiction.

15. Availability of Service

We may at our sole discretion and at any time discontinue temporarily or permanently our Site or any part thereof with or without notice.

You agree that any termination of access to our Sites under any provision of these Terms of Use 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 our Sites.

You may terminate this Terms of Use at any time by sending us an e-mail to [email protected]. Please note that if you choose to terminate this Terms of Use you will no longer be able to access our services.

Our Sites 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.

Where possible, we will use reasonable efforts to give users fair notice of technical difficulties or termination or suspension of their access to our Site. However you agree that we shall not be liable to you or any third party for any inability to access any of our Sites, termination or suspension of access to our Sites or modification of the service provided.

16. About us

Journal Media Limited is a private company limited by shares, incorporated in Ireland under registered number 483623 and has its registered offices at 3rd Floor, Latin Hall, Golden Lane, Dublin 8. Our VAT number is IE9744952M.

17. Assignment & Novation

You may not, without our prior written consent, assign or dispose of any of your rights or obligations arising under these Terms of Use. We may assign or subcontract any or all of our rights and obligations under these Terms of Use to a third party at any time, at our discretion. You also hereby irrevocably agree that we may, at our sole discretion and at any time any by notice to you, transfer by way of novation all of our rights and obligations under these Terms of Use, and, upon completion of any such novation (including the assumption by the transferee of all of our remaining obligations under these Terms of Use) we shall be released from, and shall have no further obligations under, these Terms of Use. If requested, you shall promptly execute all documents reasonably requested by us to effect, perfect, record or implement any such novation, and shall promptly comply with any other reasonable requests we or our successors or assigns may have in respect of any such novation.