Passive House Plus
The following terms of use and subscriber agreement apply to your use of the Irish and UK editions of Passive House Plus in both print and digital form, heretoforth referred to as the services.
If you agree to be bound by the terms of this agreement, you should check the box indicating your agreement to these terms on the registration page for this service.
Privacy and your account.
Your subscription entitles you to receive six print issues of the edition of Passive House Plus to which you subscribe to the postal address you provide, on the proviso that the postal address corresponds with the appropriate subscription type and rate. Your subscription also entitles you to access all data behind the pay wall section of the Passive House Plus website for the duration of your subscription, including both the Irish and UK digital editions of six issues of Passive House Plus, in addition to access to all archived digital editions behind the pay wall. Access to all digital editions – including editions that were current during your subscription – ends if your subscription ends.
Registration data and other information about you are subject to our privacy policy. Your information may be stored and processed in the Republic of Ireland or any other country where Temple Media Ltd has facilities, and by subscribing to a service, you consent to the transfer of information outside of your country. If you access a service using a password, you are solely responsible for maintaining the confidentiality of that password. If you provide someone else with access to your password to a service, they will have the ability to view information about your account and make changes through the website for the service. Similarly, if you tell someone the answer to your security question for a service, they will be able to request information about your account and make changes. You agree to notify us promptly if you change your address or email so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address or email shall be deemed sufficient notice.
Fees and Payments
You agree to pay the subscription fees in connection with your user name and password for a service at the rates in effect when the charges were incurred. We will bill all charges automatically to your credit card. Subscription fees will be billed at the beginning of your subscription or any renewal. Unless we state in writing otherwise, all fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance.
Limitations on Use.
Only one individual may access a service at the same time using the same user name or password, unless we agree otherwise.
The text, graphics, images, video, metadata and other data, design, organisation, compilation, look and feel, advertising and all other protectable intellectual property (the "content") available through the services are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. Unless you have our written consent, you may not sell, publish, distribute, retransmit or otherwise provide access to the content received through the services to anyone, including, if applicable, your fellow students or employees, with the following exceptions:
You may occasionally distribute a copy of an article, or a portion of an article, from a service in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in the service, original source attribution, and the phrase "Used with permission from Passive House Plus".
You agree not to rearrange or modify the content. You agree not to create abstracts from, scrape or display our content for use on another web site or service (other than headlines from our RSS feed with active links back to the full article on the service). You agree not to post any content from the services (other than headlines from our RSS Feed with active links back to the full article on the service) to weblogs, newsgroups, mail lists or electronic bulletin boards, without our written consent.
You agree not to use the services for any unlawful purpose. We reserve the right to terminate or restrict your access to a service if, in our opinion, your use of the service may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.
Community; User generated content.
We require you to register to have access to our community area. It is your responsibility to choose your password wisely. If you have concerns or believe that someone is using your password without your authority, please contact customer service. We reserve the right to disclose any information about you, including registration data, in order to comply with any applicable laws and/or requests under legal process, to operate our systems properly, to protect our property or rights, and to safeguard the interests of others.
User Content.
We offer you the opportunity to comment on and engage in discussions regarding articles, companies and various topics. Any content, information, graphics, audio, images, and links you submit as part of creating your profile or in connection with any of the foregoing activities is referred to as "user content" in this agreement and is subject to various terms and conditions as set forth below.
Cautions regarding other users and user content. You understand and agree that user content includes information, views, opinions, and recommendations of many individuals and organizations and is designed to help you gather the information you need to help you make your own decisions. You are responsible for your own decisions and for properly analyzing and verifying any information you intend to rely upon. We do not endorse any recommendation or opinion made by any user. We do not routinely screen, edit, or review user content. However, we reserve the right to monitor or remove any user content from the services at any time without notice. You should also be aware that other users may use our services for personal gain. As a result, please approach messages with appropriate skepticism. User content may be misleading, deceptive, or in error.
Grant of rights and representations by you.
If you upload, post or submit any user content on a service, you represent to us that you have all the necessary legal rights to upload, post or submit such user content and it will not violate any law or the rights of any person. You agree that upon uploading, posting or submitting information on the services, you grant Temple Media Ltd, and our respective affiliates and successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable right and license to use, distribute, publicly perform, display, reproduce, and create derivative works from your user content in any and all media, in any manner, in whole or part, without any duty to compensate you. You also grant us the right to authorize the use of user content, or any portion thereof, by subscribers and other users in accordance with the terms and conditions of this agreement, including the rights to feature your user content specifically on the services and to allow other subscribers or users to request access to your user content, such as for example through an RSS Feed.
We may also remove any user content for any reason and without notice to you. This includes all materials related to your use of the services or membership, including email accounts, postings, profiles or other personalized information you have created while on the services.
Rules of conduct. All users must comply with the community rules.
Third Party Web Sites, Services and Software. We may link to, or promote, web sites or services from other companies or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those web sites, services and software.
9. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AND TOOLS AVAILABLE THROUGH THE SERVICES IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TEMPLE MEDIA LTD AND ITS RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, CONTENT PROVIDERS AND LICENSORS WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY.
General. This agreement contains the final and entire agreement between us regarding your use of the services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the services. We may discontinue or change the services, or their availability to you, at any time. This agreement is personal to you, which means that you may not assign your rights or obligations under this agreement to anyone. No third party is a beneficiary of this agreement.
