TERMS OF SERVICE
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING THE WEBSITE
Last updated on 24th May 2018.
- TERMS OF WEBSITE USE
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.
- 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
- You must not use or access the website if you do not
- OTHER APPLICABLE TERMS
- To the extent that we process your personal information, please consult our
- CHANGES TO THESE TERMS
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.
- ACCURACY OF THE WEBSITE
- 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.
- 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 However the content on our website may be out of
date at any given time, and we are under no obligation to update this out of
- ACCESSING OUR WEBSITE
- Our website is made available free of charge to our
- 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
- You are responsible for making all arrangements
necessary for you to have access to our website.
- You are also responsible for ensuring that all
persons who access our website through your internet connection are aware of these
- YOUR ACCOUNT AND PASSWORD
- 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.
- 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
- INTELLECTUAL PROPERTY RIGHTS
- 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.
- 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.
- 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.
- Our status (and that of any identified
contributors) as the authors of content on our website must always be
- 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.
- If you print off, copy or download any part of
immediately and you must, at our option, return or destroy any copies of the
materials you have made.
- NO RELIANCE ON INFORMATION
- 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.
- 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.
- LIMITATION OF OUR LIABILITY
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.
- 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.
- 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
In particular we will not be liable for:
- use of, or inability to use, our website; or
- use of or reliance on any content displayed on
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.
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.
USE OF OUR WEBSITE
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or
- any indirect or consequential loss or damage.
- Whenever you make use of our website or to make
contact, through our website, with other users of our website, you must:
- 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;
- not infringe our intellectual property or patent
rights or those of any third party in relation to your use of the website;
- 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
- 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
- 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.
- 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.
- 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.
- 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
- 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.
- We have the right to remove any posting you make
on our website.
- The views expressed by other users on our website
do not represent our views or values.
LINKING TO OUR WEBSITE
- 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.
- 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.
- 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.
THIRD PARTY LINKS AND RESOURCES IN OUR WEBSITE
- You may link to our website, provided you do not so
in a way designed to damage our search engine ranking.
- You must not establish a link in such a way as
to suggest any form of association, approval or endorsement on our part where
- 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.
- Our website must not be framed on any other website without our express written permission.
- If you wish to make any use of content on our
website other than that set out above, please contact us at firstname.lastname@example.org
- Where our website contains links to other websites and
resources provided by third parties, these links are provided for your
- We have no control over the contents of those
websites or resources.
INFORMATION ABOUT US
formation, are governed by Irish law. You and we both agree to that the courts
of Ireland will have exclusive jurisdiction.
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
1 Stokes Place, St. Stephen’s Green, Dublin 2, Ireland.
To contact us, please email email@example.com