MyHome.ie Terms & Conditions

This page states the Terms and Conditions under which you (the User) may use the Site. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use the Web Site. MYHOME LIMITED (MYHOME) may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you and each time you use the Site you agree to be bound by the current terms and conditions.

1. Copyright: Use of Material

The content of this site such as text, graphics, images and software other material is protected by copyright pursuant to Irish and European Union copyright laws and international conventions. The owner of the copyrights and trademarks are MyHome (http://www.myhome.ie), its affiliates and other third party licensors.

You are prohibited from modifying, publishing, transmitting, selling, participating in the transfer or sale or reproducing, creating derivative works from, distributing, performing, displaying or in any way exploiting any of the materials on this site or the software or materials relating thereto in whole or in part. In particular, the use of the Material on any other web site or in a networked computer environment for any purpose is prohibited.

You may view, print and download a single copy of the material on the Site solely for your personal, non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You must retain all copyright, trademark and other proprietary notices contained in the original Material on any copy you make of the Material.

Unauthorised use of the Material may violate copyright, trademark and other laws.

If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.

2. Liability

The Material may contain inaccuracies or typographical errors. MyHome makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Site and the Material. In particular MyHome makes no warranties or representations as to the accuracy, reliability or quality of any property descriptions made available from the Site or as to the availability for purchase or rental of any property. The use of the Site and the Material is entirely at your own risk. Changes are periodically made to the Site and may be made at any time without notice.

MyHome shall not be liable, and shall not otherwise be deemed to be in breach of this Agreement, for any failure to perform (or delay in performing) any of its obligations hereunder caused by circumstances beyond its reasonable control.

MyHome does not warrant that the site will operate error-free or that the site and its server are free of computer viruses and other harmful elements. If your use of the site or the material results in the need for servicing or replacing equipment or data, MyHome assumes no responsibility whatsoever for those costs.

The site and material are provided on an "as is" and "as available" basis without any warranties of any kind. MyHome and its suppliers, to the fullest extent permitted by law, disclaim all conditions and warranties, express or implied including, without limitation, any warranty or terms of merchantability, non-infringement of third parties rights, and any warranty of fitness for particular purpose. MyHome and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics or links.

3. Disclaimer of Consequential Damages

Subject to section 7 of these terms and conditions, in no event shall MyHome, its supplier, or any third parties mentioned at the site be liable for any damages whatsoever (including, without limitation, incidental, special and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the site and the material, whether based on statute, contract, tort, or any other legal cause, and whether or not MyHome is advised of the possibility of such damages

4. User Submissions

Generally, any communication which you post to the Site is considered to be non-confidential. By posting communications to the website, you automatically grant MyHome a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sub-license such rights through multiple tiers of sub-licenses.

As a User, you are responsible for your own communications and are responsible for the consequences of their posting.

You must not do the following things:

post material in circumstances that breach the criminal law
post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it
post material in circumstances that breach the criminal law
post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it
post material that reveals trade secrets, unless you own them or have the permission of the owner
post material that infringes on any intellectual property rights of others or on the privacy or publicity rights of others
post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity
post a sexually-explicit image
post advertisements or solicitations of business; or
impersonate another person or entity

You agree not to use the Site or cause or permit any Materials to be used:

so as to jeopardise or prejudice the operation, quality or integrity of the Site or Materials, the operation, quality or integrity of any telecommunications network, or any other use which might be deemed by MyHome to be harmful to MyHome’s business, reputation or the commercial exploitation of the Site
for any commercial purpose including any surveys, contests or pyramid schemes, nor to use a Service to participate in or cause others to participate in sending chain letters, junk e-mail, spam, duplicative or unsolicited messages, advertising or promotional material
to harvest or otherwise collect by any means any Material or information (including without limitation email addresses or details of properties) from the Site otherwise than as authorised in this Agreement or to monitor, mirror or copy any Material without the prior written consent of MyHome
to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious program
contrary to the terms and conditions of any Internet Service Provider whose services you may use.

5. Links to and from Other Websites

MyHome does not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other Users or endorses any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.

MyHome does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to this Agreement, MyHome may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of the communication. Each User hereby agrees that any such action taken by MyHome will not be challenged by User. MyHome has no liability or responsibility to Users for performance or non-performance of such activities. MyHome reserves the right to expel Users and prevent their further access to the Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive or which MyHome otherwise deems to be in breach of these Terms and Conditions of Use.

6. Software Licences

All software that is made available for downloading from the Site ("Software") is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software licence agreement or designated "Legal Notice" accompanying such software ("Licence Agreement"). The downloading and use of such software is conditioned on your agreement to be bound by the terms of the Licence Agreement.

7. Limitation of Liability

Unless otherwise expressly provided in a Software Licence or Legal Notice, the aggregate liability of MyHome to you for all claims arising from the use of the Site or Materials (including Software) is limited to €1 and you acknowledge that this is a genuine pre-estimate of any loss you might suffer as a result of such a claim.

8. Indemnity

You agree to defend, indemnify, and hold harmless MyHome, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting whether directly or indirectly from your use of the Site or Material (including Software) or your breach of the terms of this Agreement. MyHome shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

9. Export Control

Many countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials (including Software) to countries or persons prohibited under the export control laws. By downloading the Materials (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Materials.

10. Third Party Sites

Any disputes or questions relating to materials, products, services or merchandise (the "Materials") from linked sites or fulfilment or delivery thereof and the quality, suitability and fitness for purpose of such Materials should be directed to the relevant third party website and you acknowledge that MyHome and its affiliates, related or subsidiary companies shall have no responsibility, obligation or liability whatsoever in relation to such Materials.

11. General

The Site is controlled by The Irish Times Limited from its location within Ireland. MyHome makes no representation that Materials are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Any disputes, claims or proceedings arising out of or in any way relating to the Materials or the Site shall be governed by the laws of Ireland. The Irish Courts shall have exclusive jurisdiction for the purpose of any proceedings arising out of or in any way relating to the Materials or the Site. Without prejudice to the foregoing, MyHome may seek provisional or protective relief in the courts of another State prior to, during or after any substantive proceedings have been instituted in Ireland and MyHome may bring enforcement proceedings in another state on foot of an Irish judgment.

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND MYHOME WITH RESPECT TO THE USE OF THE SITE.

Any changes to this Agreement will be posted on the Site and will take immediate effect.

MyHome may at any time and without liability modify, suspend or discontinue the Site or any Materials (or any part or specification thereof), with or without notice, for any valid technical, operational or commercial reasons.

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