Terms & Conditions
Effective as from 20th of September 2010
These terms and conditions apply to your membership of and/or any use by you of the website and the affiliated websites located at www.sayso.ie (collectively, the "Site"). The Site is operated by, and is a product of FCR Media Limited.
Content of these Terms & Conditions:
- Your Personal Data
- Your Rights and Obligations
- FCR Media Limited's Rights and Obligations
- Termination of Your SaySo Membership
- Liability and Indemnity
- Closing Provisions
- Contact Information
"User": any person who accesses, browses, crawls or scrapes or in any other manner uses the Site.
"FCR Media Limited": FCR Media Limited, located at St. Martin’s House, Waterloo Road, Dublin 4, Ireland.
"Content": any and all business ratings, reviews, tags, compliments, texts, images, photos, audio files, video files, links, submissions, information displayed as part of an account profile, invitations and all other forms of information or communication of any kind made available on the Site.
"Your Content": Content that you submit to or post on the Site or transmit to others by using the Site, such as, but not limited to, business ratings, reviews, tags, compliments, information that you display as part of your account profile, invitations, or other commentary that you may submit, post, or transmit to others using the Site. Your Content does not include the information that you submit in order to create an account on the Site.
"User Content": Content that you or any other User submits, posts or transmits to the Site.
"Third Party Content": Content that is made available on the Site by parties other than FCR Media Limited or the Users, such as data providers who license data to FCR Media Limited for use on the Site.
Your personal data
Your Rights and Obligations
In order to be able to use certain functionalities of the Site, you will have to register with the Site by creating an account and providing FCR Media Limited with information about yourself. The following conditions apply to all Users:
- Membership of Site is free of charge;
- You must be at least 16 years of age to register and persons under 18 must obtain their parent or legal guardian’s prior consent;
- Registered Users must log on to the Site using a user name and password;
- If you provide FCR Media Limited with identity information, then you have to remain these data up-to-date during your entire membership;
- You cannot transfer your membership;
- You can only have a single membership of the Site at any given time;
- If you use the Site on behalf of a company, entity or organisation, you must be authorised to bind the company, entity or organisation to the Terms & Conditions.
Provided it is available for use, you may freely select your user name (or accept the user name suggested by the Site’s registration system). Your chosen user name must not infringe any Irish law or regulations, any rights of third parties, these Terms & Conditions or any moral and ethical standards of any kind.
When choosing your user name and/or image, you may not:
- use the name and/or image of another person without obtaining their prior explicit consent. Images depicting minors (i.e. person under the age of 18) should be authorised by the minor's parents or legal guardian;
- use a name and/or image which is protected by copyright, or by any other trade mark, property right or other intellectual property right of any kind;
- use a name and/or image which might infringe in any way the rights of any individual person or corporate body;
- use a name and/or image which might provoke or harm other members, e.g. vulgar or offensive user names;
- use a name and/or image which contains indications that represent or refer to a membership with an organisation that is of an extremist nature, even if the meaning of the user name and/or image is not immediately recognisable.
Without limitation to any other provision of the Terms and Conditions you undertake to use the Site in a lawful manner, and that you will not at any time contravene these Terms & Conditions, any applicable laws or regulations or any rights of third parties.
You are responsible for all the Content that is published or posted on the Site under your user name. For this reason you must select a password for your user name and take the necessary measures to ensure that it is kept secret. Any unauthorised use of your account should immediately be notified to FCR Media Limited (see contact detail on bottom of this page).
The following is however strictly prohibited:
- Submitting content that is racist, pornographic, obscene, offensive or vulgar;
- Submitting content that glorifies or downplays violence, or Content which contravenes moral and ethical standards;
- Submitting content which impairs or endangers the development or upbringing of children or young people, or which contravenes human dignity or other valued legally protected interests;
- Submitting content which is able to incite other persons to criminal actions or other actions which contravene moral and ethical standards;
- Submitting abusive or offensive statements;
- Submitting threats to other members, service providers or third parties;
- Submitting Content which consists of defamatory criticism, slander, offensive statements, lies or incorrect information;
- Submitting content which is able to hamper the self-determination of third parties;
- Submitting copied Content which infringes intellectual property or other rights;
- Submitting content which presents a security risk, for instance, computer viruses;
- Submitting links to websites containing information that contravenes current legislation, is inappropriate to young people, or is otherwise inappropriate;
- Submitting private data such as telephone numbers or e-mail addresses with the exception of those pertaining to the User's personal profile;
- Submitting unauthorised advertising, such as raffles, discount campaigns or sales in the form of events;
- Infringing the privacy rights of any third party;
- Impersonating any person or misrepresenting your identity or affiliation with any third party;
- Giving the impression that any content emanates from FCR Media Limited if this is not the case.
As a User you are authorised to write reviews. FCR Media Limited, however, reserves the right to decide whether and to what extent a review is published on the basis of its own evaluation and may remove any review at all times and for any reason without prior notice to the User concerned.
The following rules apply to the reviews:
- you understand that you will only provide reviews which you believe to be true and that you will not purposely provide false or misleading information;
- only places that may be visited, services that may be used or events that can be attended may be reviewed;
- negative reviews are permitted but they must be expressed in terms of fact;
- no derogatory tags may be used;
- Content which has been provided by service providers/company owners themselves is only permitted as self-expression;
- persons who are either related to or are a co-worker of a service provider may only evaluate the corresponding company provided that they mention this relationship;
- advertising is not permitted in any form (including the listing of e-mail addresses, URLs or telephone numbers for advertising purposes
- Content based upon rumour, allegations or the unconfirmed statements of other persons are not permitted;
- every (branch of a) company may only be reviewed on a single location on the Site.
FCR Media Limited reserves the right to rate reviews posted by the Users. For example, FCR Media Limited is authorised to give reviews by Users who post several reviews a higher rating than reviews by Users who post fewer reviews. The same applies to reviews by Users that are given positive ratings by other Users.
FCR Media Limited's Rights and Obligations
With regard to Your Content, you hereby grant FCR Media Limited the free, non-exclusive and unlimited right to use Your Content along with the user name that you have chosen.
Whithout limitation to the foregoing, FCR Media Limited is authorised to duplicate, provide public access to and to make Your Content available on other sites and in other publications in any manner it deems appropriate and to store or archive it in databases.
You confirm that you have all necessary rights to use Your Content which you have made available and that you are authorised to transfer these rights to FCR Media Limited in accordance with the Terms and Conditions.
You agree that Users may search for other Users based on criteria including sex, age, and other public profile information that you have supplied to FCR Media Limited in connection with your registration. Your profile may be included in the search results, unless you disallow this in your account's privacy options.
FCR Media Limited reserves the right to decide (in its sole discretion) whether and to what extent User Content is published on the basis of its own evaluation and may remove any Content at all times and for any reason without prior notice to the User concerned.
FCR Media Limited is only authorised to modify Your Content in as far as such is necessary for the purposes of graphic representation or for editorial reasons.
In case of any infringement of criminal, public or civil law (or any investigation of same), FCR Media Limited will assist the relevant authorities/parties in their investigations without having to examine the legitimacy of such investigations and/or requests for information.
The Site is not moderated and FCR Media Limited does not have an obligation to monitor compliance with these Terms & Conditions. However, Users may report infringements of these Terms & Conditions to: firstname.lastname@example.org. Any complaints by Users will be treated confidentially.
FCR Media Limited may from time to time provide incentives to Users for certain activities (such as writing reviews or uploading pictures) with so-called "SaySo Points". The rules concerning the awarding of the SaySo Points are specified by FCR Media Limited only and can be changed by FCR Media Limited at any time without notice. No legal claim of any kind exists regarding such SaySo Points. Sayoo Points acquired through improper actions will be deleted by FCR Media Limited.
Termination of your SaySo Membership
You are allowed to cancel your membership at any time without prior notice.
FCR Media Limited reserves the right to terminate your membership with immediate effect in case of a violation of these Terms & Conditions. If FCR Media Limited terminates your membership without notice due to a contravention of these Terms & Conditions, you are prohibited from registering for the Site again without FCR Media Limited's prior explicit consent.
In addition to the above, FCR Media Limited reserves the right to block or terminate your account if it deems that such is necessary or useful for the management of the Site.
After termination of your account, FCR Media Limited reserves the right to keep online any Content which you have previously posted to the Site, such as reviews, comments, etc. This Content will be shown without the username and displayed as Content by a deleted User.
Limitation of Liability and Indemnity
All Content and other material displayed on the Site is provided without any guarantees, conditions or warranties as to its completeness or accuracy. To the fullest extent permitted by law, we expressly exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or equity; and
- any liability for any direct, indirect or consequential loss or damage of any kind howsoever incurred by any User in connection with the Site or their use, inability to use, or results of use of the Site, any websites linked to it and any Content posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of opportunity, loss of anticipated savings, loss of data, loss of goodwill, and for any other loss or damage of any kind, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, or any other liability which cannot be excluded or limited under Irish law.
We shall not be liable for any failure to perform any of our obligations under these Terms and Conditions caused by matters beyond our reasonable control. Under no circumstances will we be liable in any way for any Content, 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, access to, or denial of access to any Content.
We shall not be liable for any loss or damage caused by viruses, bugs, worms, trojan horses or any other computer programs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or any website linked to it.
We do not guarantee the security of the Site or of any software or systems used in accessing the Site or the security of any information passed through such software, systems and/or the Site. We do not guarantee access to the Site will be continuous or error free.
Any Content downloaded or otherwise obtained through the your use of the Site is at your sole risk and you will be solely responsible for any damage to your computer system or any loss of data that results from the download of any such Content.
You agree to indemnify FCR Media Limited and to keep FCR Media Limited indemnified and to hold FCR Media Limited, its parent, subsidiaries, officers, directors, shareholders and employees, harmless, including with regard to any costs and legal fees, from any claim or demand made by any third party due to or arising out of your access to the Site, any breach by you (or any third party using your account or user name or password) of these Terms and Conditions, or the infringement by you, (or any third party using your account or user name or password), of any intellectual property or other right of any person or entity.
FCR Media Limited reserves the right to change these Terms & Conditions at any time.
Prior to a change to these conditions of use, FCR Media Limited will inform you about the changes: either the changed Terms & Conditions will be made accessible to you prior to their activation on the homepage of the Site and your approval will be requested, or FCR Media Limited will inform you about these changes by sending an e-mail to the e-mail address provided at the moment of registration at least one month before the changes enter into effect. Unless you expressly object to the modified Terms & Conditions by informing FCR Media Limited by e-mail within one month of the notification of the proposed modifications, in which case your membership will be terminated, the new Terms & Conditions will enter into effect automatically one month after the notification thereof.
These Terms & Conditions and the use of the Site are governed by Irish law and any disputes shall be subject to the exclusive jurisdiction of the Irish courts.
FCR Media Limited
St Martin's House'
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