TERMS OF SERVICE

Last updated on 7 January 2016

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING THE WEBSITE

  1. TERMS OF WEBSITE USE
    1. These terms of use (together with the documents referred to herein) apply to all visitors (you) to our website www.pointy.com including all subpages and successor pages (website). These terms tell you how you can make use of and access our website as a visitor. If you are a retailer the terms of the End User Licence Agreement - Retailer ("EULA") will apply to your visit should you access the private or logged-in section of the website. If there is any overlap or ambiguity between the EULA and these terms the EULA will take precedence over these terms and will apply to your use of and access to our website.
    2. By using the website you confirm that you accept and are bound by these terms and that you agree to comply with these terms in full.
    3. You must not use or access the website if you do not agree to these terms of use.
  2. OTHER APPLICABLE TERMS
    1. These terms of use refer to the following additional terms, which also apply to your use of the website:
  3. CHANGES TO THESE TERMS
    1. We may revise these terms of use at any time by amending this page. The date of these terms will always be posted at the top of the page. Please check this page from time to time to take note of any changes we may have made.
  4. ACCURACY OF THE WEBSITE
    1. It is in our best interests and in the best interests of the visitors to our website that the content of the website is correct and accurate. We endeavour to ensure that all content on our website is correct however we do not guarantee that our website, or any content on it, will be free from errors or omissions.
    2. We may update our website from time to time, and may change the content at any time. However the content on our website may be out of date at any given time, and we are under no obligation to update this out of date content.
  5. ACCESSING OUR WEBSITE
    1. Our website is made available free of charge to our visitors.
    2. We do not guarantee that our website, or any content on it, will always be available or that access will be uninterrupted. Access to our website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our website without notice. We will not be liable to you if for any reason our website is unavailable at any time or for any period.
    3. You are responsible for making all arrangements necessary for you to have access to our website.
    4. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
  6. YOUR ACCOUNT AND PASSWORD
    1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
    2. If in our reasonable opinion you have failed to comply with any of these terms we have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time.
  7. INTELLECTUAL PROPERTY RIGHTS
    1. We are the owner or the licensee of all intellectual property rights in our website. Our website, and the material published on it, is protected by copyright laws and treaties around the world. All such rights are reserved.
    2. You may print off one copy, and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others within your organisation to content posted on our website.
    3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text without our express permission.
    4. Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.
    5. You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors. We retain the right to deny any and all requests to receive a licence to use content from our website.
    6. If you print off, copy or download any part of our website in breach of these terms of use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  8. NO RELIANCE ON INFORMATION
    1. The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.
    2. Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up-to-date.
  9. LIMITATION OF OUR LIABILITY
    1. Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Irish law.
    2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website or any content on it, whether express or implied.
    3. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
      • use of, or inability to use, our website; or
      • use of or reliance on any content displayed on our website.
    4. In particular we will not be liable for:
      • loss of profits, sales, business, or revenue;
      • business interruption;
      • loss of anticipated savings;
      • loss of business opportunity, goodwill or reputation; or
      • any indirect or consequential loss or damage.
    5. We endeavour to protect our website from interference or damage by third parties. However it may not always be possible to prevent parties from causing damage to our website which may in turn be harmful to your computer. We will not be liable for any loss or damage caused by malware, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website, any website linked to or from our website, or any content downloaded from it.
    6. We assume no responsibility for the content of websites linked on our website. Such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of these links.
  10. USE OF OUR WEBSITE
    1. Whenever you make use of our website or to make contact, through our website, with other users of our website, you must:
      1. not use the website in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including malware, or harmful data into the website;
      2. not infringe our intellectual property or patent rights or those of any third party in relation to your use of the website;
      3. not transmit any material that is defamatory, offensive or otherwise objectionable (we shall have absolute discretion in determining whether or not an item is defamatory, offensive or objectionable);
      4. not use the website in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
      5. not collect or harvest any information or data from the website or our systems or attempt to decipher any transmissions to or from the servers running the website.
    2. You warrant that any such contribution does comply with this clause 10 and these terms generally, and you will be liable to us and indemnify us for any breach of that warranty.
    3. Any content you upload to our website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us, and other users of the website, a limited irrevocable worldwide fully paid-up licence to use, store, copy and process that content and to distribute and make it available to third parties.
    4. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy, or any applicable law. Please see our Notice and Takedown Policy
    5. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our website.
    6. We have the right to remove any posting you make on our website.
    7. The views expressed by other users on our website do not represent our views or values.
  11. SECURITY
    1. We take security seriously and do our best to keep our website and its visitors’ secure, however we acknowledge that this may not always be possible. Therefore we cannot guarantee that our website will be free from programming errors or malicious interference by third parties (e.g. malware) at all times.
    2. You are responsible for configuring your information technology, computer programmes and platform in order to access our website. You should use your own malware protection software.
    3. You must not misuse our website by knowingly introducing malware, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
  12. LINKING TO OUR WEBSITE
    1. You may link to our website, provided you do not so in a way designed to damage our search engine ranking.
    2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
    3. You must not establish a link to our website from any website not owned by you, in such a way as to breach the terms of service of that website.
    4. Our website must not be framed on any other website without our express written permission.
    5. If you wish to make any use of content on our website other than that set out above, please contact us at terms@pointy.com
  13. THIRD PARTY LINKS AND RESOURCES IN OUR WEBITE
    1. Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only.
    2. We have no control over the contents of those websites or resources.
  14. APPLICABLE LAW
    1. These terms of use, its subject matter and its formation, are governed by Irish law. You and we both agree to that the courts of Ireland will have exclusive jurisdiction.
  15. INFORMATION ABOUT US
  16. www.pointy.com is a website operated by Pomo Search Limited, trading as Pointy, which is a company incorporated and registered in the Republic of Ireland with a company registration number of 538318 and whose registered office is located at 2nd Floor, Ferris House, Constitution Hill, Drogheda, Co. Louth, Ireland.

  17. CONTACT US
  18. To contact us, please email terms@pointy.com