Des Bishop Unplugged

TERMS AND CONDITIONS

ACCEPTANCE OF TERMS: The following terms and conditions (the "Terms and Conditions") apply to users, viewers and all people who have access to www.desbishopunplugged.com (the “Site”). This Site is operated by ESB (“ESB” or “we”), a statutory corporation whose principal place of business is at 27 Lower Fitzwilliam Street, Dublin 2, Ireland. By using or viewing this Site, you agree to these Terms and Conditions. Any access or use of this Site is undertaken at the user’s own risk. From time to time, ESB may supplement these Terms and Conditions with additional terms ("Additional Terms") which Additional Terms shall be placed on the Site. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms and Conditions. BY USING THE SITE, YOU AGREE TO THESE TERMS AND CONDITIONS JUST AS IF YOU HAD SIGNED AN AGREEMENT WITH ESB. If you do not agree to be bound by these Terms and Conditions, please discontinue your use of the Site. Although portions of the Site may be viewed simply by visiting the Site, in order to post comments you need to register as a member of the Site. Material from this Site may not be modified, copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of ESB. Unauthorized access, publication, sale, exploitation (commercial or otherwise), or any form of transfer of any portion of the Site is hereby expressly prohibited. Please contact info@desbishopunplugged.com with any concerns you might have in relation to this Site or these Terms and Conditions.

1. RESTRICTIONS ON USE. Access to this Site is permitted on a temporary basis and we reserve the right to withdraw, suspend or amend the services we provide on the Site without notice. This Site changes and is updated regularly and ESB will not be liable if, for any reason, the Site or any materials on it are unavailable at any time or for any period. ESB is the owner or licensee of all intellectual property rights in the Site and in material published on it. All such rights are reserved. Neither title nor intellectual property rights are transferred to you by use of or access to this Site; rather, all rights, title and interest in and to all aspects of the Site remain the property of ESB. Material on this Site is provided for lawful purposes only. ESB reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate your registration with, or ability to access, the Site.
2. MODIFICATIONS. ESB may modify these Terms and Conditions from time to time in its sole discretion. Each time you use the Site, you will be deemed to have accepted any such changes. ESB shall have no obligation to notify you of any such changes other then posting such modifications on the Site. ESB may modify or discontinue the Site, or any portion thereof, with or without notice to you and without liability to you or any third party.
3. RESTRICTION OF LIABILITY. To the fullest extent permitted by law, under no circumstances shall ESB be liable for any loss or damages whatsoever (including, but not limited to direct, incidental, consequential, or indirect loss, including lost profits, loss of income or revenue, loss of goodwill, business interruption or loss of data or information or special or punitive damages, even if ESB was notified in advance of the potential of such loss or damages), harm, or injury howsoever arising, and whether caused by tort, breach of contract or otherwise, that relate to, arise out of, or result from the use of, or access to, or the inability to use the Site, any of the materials of this Site or sites linked to this Site, or are caused by any failure of performance, error, omission, interruption, defect, delay in operational transmission, computer virus or line failure. THE MATERIAL ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED (WHETHER BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE). TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAWS, ESB DISCLAIMS ALL LIABILITY FOR NEGLIGENCE AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ESB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE USE OF THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT THE CONTENTS WILL BE CORRECT, ACCURATE OR RELIABLE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ESB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY REGARDING USE OF OR RELIANCE UPON INFORMATION CONTAINED IN THIS SITE IN TERMS OF ITS ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT ESB) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU UNDERSTAND AND AGREE THAT ESB DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PUROSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE SITE. ESB IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. ESB SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE SITE. YOUR PARTICIPATION IN THE SITE IS SOLELY AT YOUR OWN RISK. AS A CONVENIENCE TO OUR USERS, WE MAY PROVIDE LINKS TO OTHER WEBSITES. WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY WEBSITES TO WHICH ESB MAY PROVIDE LINKS AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST ESB WITH RESPECT TO SUCH WEBSITES.
4. INDEMNIFICATION. You agree to indemnify and hold ESB and each of its subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Site, the violation of these Terms and Conditions by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.
5. SUBMISSIONS. By submitting any remarks, suggestions, questions, ideas, creative concepts, graphics, or other information (collectively the “Submission”), you agree to grant ESB a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and licence to use, licence, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology any rights that may exist in such content. ESB is not obligated to review content posted by users prior to the content's posting to any area of the Site, including any private profile. Content posted by any user to the Site does not reflect the opinions or views of ESB, its subsidiaries or affiliates. Although you will still own the copyright in your Submission, ESB will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your Submission. This licence will be free of charge, perpetual and capable of sub-licence. ESB will not be required to treat the Submission as confidential, and will not be liable for any use whatsoever or disclosure of the Submission, and need not provide any compensation or acknowledgement for the Submission. ESB may exercise all copyright and publicity rights in the material contained in your Submission in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material. You alone are responsible for the content of Submissions, and any consequences of such Submissions. Please carefully consider the information you choose to post on the Site. Do not continue any conversation online that makes you feel uncomfortable. You should not include your telephone number, street address or last name on any area of the Site that is accessible to the general public nor provide such personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable. ESB assumes no responsibility or liability for any inaccurate, inappropriate, offensive or sexually explicit material or information, products or services you may be provided by other users of the Site. ESB further assumes no responsibility for the deletion of or failure to store e-mail messages. You further agree that you will not use the Site to post any Submissions of any kind or nature that is unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute or encourage criminal or unlawful conduct, give rise to civil liability or otherwise violate any applicable law or regulation, or encourage the consumption of alcohol or controlled substances (collectively the "Inappropriate Material"). ESB reserves the right to delete any such material from the Site. ESB will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms and Conditions contained in this Section 5. You agree not to impersonate any other person or entity, whether actual or fictitious. You further agree not to use an inappropriate member name of any kind. You agree not to post or use the Site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited. By posting your Submission, you are warranting that you have the right to grant ESB the non-exclusive copyright licence described above and that it does not contain any Inappropriate Material. If you are not in a position to grant such a licence or to warrant that it does not contain Inappropriate Material, please do not post the Submission. ESB reserves the right to alter or amend any Submission so that any Inappropriate Material is deleted.
6. TRADEMARK INFORMATION. All trademarks and all related logos, designs and all other intellectual property associated with ESB brands used herein are owned by ESB – a list of those trademarks can be obtained from the Internet Manager, ESB Head Office, 27 Lower Fitzwilliam St, Dublin 2, Ireland. The use or misuse of these trademarks or any content of this Site, except as provided above, is strictly prohibited. All other trademarks are the property of the respective trademark owners.
7. INFORMATION ABOUT YOU AND YOUR VISIT TO THE SITE. When you register for this Site, you will be required to provide us with your name and email address. ESB processes information about you in accordance with its Privacy Statement, which is available here. By using the Site, you consent to such processing and you warrant that all information provided by you is accurate and up-to-date. You are responsible for maintaining the confidentiality of your information and passwords. You shall be responsible for all uses of your registration and account, whether or not authorized by you. You agree to immediately notify ESB of any unauthorized use of your registration or password.
8. VIRUSES, HACKING AND OTHER OFFENCES. You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the service on which the Site is stored and/or hosted or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack or by any like means. ESB will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or any website linked to it. In the event that ESB determines, in its sole discretion, that you have breached any portion of these Terms and Conditions, or have otherwise demonstrated conduct inappropriate for the Site, ESB reserves the right to (i) delete any or all content provided by you to the Site; (ii) discontinue your registration with the Site; (iii) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (iv) any other action which ESB deems to be appropriate. If your registration or ability to access the Site is discontinued by ESB due to your violation of any portion of these Terms and Conditions or for conduct otherwise inappropriate, then you agree that you shall not attempt to re-register with or access the Site through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, ESB reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii) and (iv) of this Section without any notice or warning to you.
9. JURISDICTION. This agreement shall be governed in accordance with the laws of Ireland, notwithstanding any principles of conflicts of law. Any dispute arising from these Terms and Conditions will be submitted to the exclusive jurisdiction of the Irish courts. ESB controls and operates this Site from the Republic of Ireland and makes no representation that these materials are appropriate or available for use in other locations.
10. MISCELLANEOUS. Miscellaneous products and promotions of ESB are produced and available in many parts of the world. However, this Site may describe products, promotions or contests that are not available in your country or state of domicile. This Site may be linked with other websites and ESB is not responsible for the content of those sites. The inclusion of any link to any other website is provided for information purposes only and does not imply endorsement by ESB of the website and ESB does not make any representation or warranties about any such website. Failure by ESB to enforce any right under these Terms and Conditions or any part of them shall not constitute a waiver of such a right or part of these Terms and Conditions. If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity of any remaining provisions. ESB can revise these Terms and Conditions or the content of the Site at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound. ESB may assign its rights and obligations under these Terms and Conditions.

Thank you for visiting our Site. All rights reserved. ©ESB, 27 Lower Fitzwilliam Street, Dublin 2, Ireland.