Nutzungsbedingungen

GENERAL

Please read the following Terms of Use carefully because they set out the terms of a legally binding agreement between you and Populis Ireland Limited, a company incorporated under the laws of Ireland with registered number 424315 and having its registered office at 9 Clanwilliam Terrace, Grand Canal Quay, Dublin 2 (“Populis“).
In these Terms of Use, references to ‘we’, ‘us’ and ‘our’ are references to Populis.
We recommend that you read these Terms of Use in their entirety. Through use of the websitewww.populis.com (the “Site“) you agree to be bound by these Terms of Use. If you do not intend to be bound by these Terms of Use or any future Terms of Use then you may not use or access, or continue to use or access the Site.
If we change these Terms of Use we will post the changes on this page, and may place notices on other pages of the Site. Your continued use of the Site will signify that you agree to any such changes.

INFORMATION YOU PROVIDE TO US

You must own or have the right to submit information and material to us and all information and material must be legal, honest, decent and truthful and comply with all applicable laws, regulations, standards and/codes of practice.
You must ensure that all information and material submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful.
You grant us a non-exclusive, perpetual irrevocable, royalty free, worldwide license to use, publish copy publicly perform, reformat, excerpt and distribute all information and material that you submit to us. You have sole responsibility for the information and material which you submit to us and you shall indemnity and shall keep us fully and effectively indemnified on demand from and against any and all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including reasonable legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of material or information submitted by you to us.

DISCLAIMER

We make no representation that information is accurate and up to date or complete and further make no representation regarding the accuracy, reliability or any use of information on the Site.
We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, howsoever caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of the Site or its contents, we accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether or not on the our part or that of our servants, agents or any other person or entity.
The limitations and exclusions in this section only apply to the extent permitted by applicable law.

THIRD PARTY LINKS

We make no representations whatsoever about any other website which you may access through the Site or which link to the Site. When you access any other site you understand that it is independent from Populis and that Populis has no control over the content or use of such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or webmaster. It is your responsibility to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

INTELLECTUAL PROPERTY RIGHTS

All content and materials published on the Site are presented solely for your private, personal and non-commercial use.
Where content published on the Site is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not accept responsibility for the accuracy or otherwise of such content and/or the use of such content. You assume total responsibility and risk for your use of the Site and use of all information contained within it.
The contents of the Site are protected by intellectual property rights. All product and company names and logos mentioned in the Site are the trademarks, service marks or trading names of their respective owners, including Populis.
We grant you a non-exclusive non-transferable limited personal licence to you to view and download material from the Site for your own personal use only. However, you may not modify, copy, reproduce, republish, upload, post, frame, transmit or distribute, by any means or in any manner, in whole or in part, any material or information on or download from the Site including but not limited to graphics, video, code and/or software without our prior written consent. In the event of permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material. If you breach any of these terms, you shall desist from using the Site and immediately destroy any downloaded or printed materials.

WAIVER & SEVERABILITY

The failure of either party to enforce at any time or for any period of time any of the provisions of these Terms of Use shall not be construed as a waiver of such provision or the right of the party to enforce each and every such provision. If the whole or any part of a provision of these Terms of Use is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that will not affect the legality, validity or enforceability under the law of that jurisdiction of the remainder of the provision in question or any other provision of these Terms of Use and the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of these Terms of Use.

GOVERNING LAW & DISPUTES

These Terms of Use and any non-contractual obligations arising out of or in connection with these Terms of Use are governed by the laws of Ireland.
Any dispute, controversy or claim arising out of or relating to these Terms of Use, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the prevailing UNCITRAL Arbitration Rules. The appointing authority shall be the President for the time being of the Law Society of Ireland upon the application of any party, or in the event of his being unwilling or unable to do so, by the next senior officer of the Law Society of Ireland who is willing and able to make the appointment. The provisions of this Clause with regard to the appointment of the arbitrator shall apply also to the appointment (whether by agreement or otherwise) of any replacement arbitrator where the original arbitrator (or any replacement) has been removed by order of the High Court, or refuses to act, or is incapable of acting, or dies. The number of arbitrators shall be one. Each and any such arbitration shall be subject to the provisions of the Arbitration Act 2010. The place of arbitration shall be Dublin, Ireland. The language to be used in the arbitral proceedings shall be English.
Subject to the foregoing, the courts of Ireland shall have non-exclusive jurisdiction to settle or determine any dispute arising out of or in connection with these Terms of Use.