Thank you for visiting our web site (“pchaccess.com”) which is operated by P.C.H. International, Heritage Business Park, Bessboro Rd, Blackrock, Cork, Ireland (“PCH International”). Please read on to learn the rules and restrictions that govern your use of our Site, services and applications (“Services”).
CONTENT AND COPYRIGHT, TRADEMARK, AND RELATED ISSUES
The contents, including information, text and graphics and all other material contained on the Site or features and functions we make available on our Site (collectively, the “Content”) are for your personal informational purposes only.
You may view or download a single copy of the Content solely for your personal, non-commercial use. You must not delete or alter any copyright or other notice we place on any Content. Content is owned by us or our licensors and is protected by copyright, trademark and other laws and regulations of the United States and foreign laws.
You may not use Content in any way not expressly permitted by these Terms and if you do, your right to use the Content will automatically terminate. The Content and the Site generally, are subject to change or termination without notice.
The trademarks, names, slogans, logos, characters and service marks (collectively “Trademarks”) displayed on our Site belong to us or have been licensed to us. Nothing contained on our Site should be construed as granting any license or right to use any Trademark displayed on our Site. Your use/misuse of the Trademarks displayed on our Site, except as provided in these Terms, is strictly prohibited.
We will aggressively enforce our intellectual property rights to the fullest extent of the law, including criminal prosecution. All rights not expressly granted herein are reserved.
When we use the term “Personal Information” we mean information such as your first/middle initial or name and last name, street address, town or city, state, zip code, telephone number, email address, gender and any other information that would allow someone to identify you or contact you.
You agree you will not send, upload or transmit any communication or content of any type that infringes or violates any rights of any party or violate these Terms.
By submitting or otherwise exchanging communications or content, you understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“User Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Content originated, and you agree that such User Content will not be considered or treated as confidential.
The User Content remains your property, and we do not claim any ownership of the copyright or other proprietary rights in such User Content. You (i)acknowledge and understand others may see, read, use or re-transmit such User Content, (ii) explicitly represent and warrant that you are the owner of such User Content or have all rights and licenses necessary regarding such User Content and (iii) hereby grant us a royalty-free, perpetual, irrevocable, unrestricted world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, adapt, transform, distribute, transmit, broadcast, perform, sublicense and display such User Content in any media or medium, or any form, format, or forum now known or hereafter developed in connection with operation of the Services, promotion of the Services, and any other purposes reasonably related to using the Service and the conduct of promotions, advertising and marketing by us or our affiliate companies.
THIRD PARTY LINKS ON OUR SITE
PCH GROUP LINKS ON OUR SITE
LIMITATION OF LIABILITY
The use of the Site and Content is at your own risk and are provided “as is.” Transmissions over the Internet and communications networks is not in our control and can never be completely secure.
Accordingly, we cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of the Site, including information you provide to us or our Site.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND THE SITE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
In no event shall we, the Site, our licensors, suppliers and Content providers be liable for any damages, including, without limitation, direct, indirect, incidental, consequential, special, exemplary and special damages or damages resulting from lost data or business interruption, regardless of the form of action or the basis of the claim, whether based on warranty, contract, tort, strict liability or any other legal theory, and whether or not a party has been advised of the possibility of damages. If, for any reason, we shall be found to be liable, our aggregate liability to you or any other party or parties claiming with, under or through you, shall be limited to U.S. $1000, notwithstanding any claim that such remedy fails of its essential purpose. No claim or action arising from or concerning the Site, Content or otherwise hereunder may be brought later than one (1) year from the date the claim or cause of action arose.
Some jurisdictions do not allow the disclaimer of certain types of damages or liability in whole or in part with respect to consumer agreements and although the exclusions, limitations and disclaimers in these Terms shall always be construed to take full advantage of their meaning to the extent permitted by law. You should consult your own legal advisor should you wish to determine the laws and regulations that apply to you.
You agree to defend, indemnify, and hold us, our officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms.
Any terms or conditions in these Terms that must survive to give effect to their meaning, shall survive the termination, expiration or cancellation of these Terms.
LAW THAT APPLIES; INTERPRETATION AND MODIFICATION
You expressly agree and personally submit to the exclusive jurisdiction of the courts of Ireland, to adjudicate and resolve any dispute with PCH International, its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Content providers or in any other way relating to the Site, including, Content or User Content.
These Terms are governed by the substantive laws of Ireland, without respect to its conflict of laws principles. If any provision of these Terms 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 these Terms, which shall remain in full force and effect.
We respect the intellectual property rights of others. If you believe that any material on this Site infringes copyright, please report it to us by emailing us at firstname.lastname@example.org identifying the specific material that is claimed to be infringing and providing sufficient information to permit us to contact the complaining party.
Questions or comments regarding this Site, should be submitted to us by emailing us at email@example.com.
PCH INTERNATIONAL MAY REVISE THESE TERMS BY UPDATING THIS POSTING
Version 1.0 31 October 2014