We are uHerrd Limited, a company incorporated under the laws of Ireland with company registration number 589678, whose registered office is 132 Crodaun, Crodaun Forest Park, Celbridge, Co. Kildare, Ireland (“we”, “us”, or “our”).
The uHerrd Programme and website allows customers who register an uHerrd account to engage readers, grow their audience and get more article shares by using the uHerrd opinion poll software to create engaging opinion polls on their articles or blog posts. This allows customers to unlock analytical data about their readership network and gain access to exclusive community insights and a database of similar polls (the “Service”).
The Service is only intended for use by persons age 13 years and over, and who have the legal capacity to enter into legally binding contracts under the law applicable in their country of residence.
We do not claim any ownership rights in your User Data. After uploading your User Data to the Service, you continue to retain all ownership and/or license rights in such User Data, and you continue to have the right to use your User Data in any way you choose.
In relation to the User Data that you upload you represent, warrant and undertake that:
you own the User Data uploaded by you to the Service or otherwise have the right to upload the User Data to the Service;
you have established a procedure for the exercise of the rights of the individuals whose personal data is included in the User Data;
the User Data has been lawfully and validly collected, and is relevant and proportionate to the respective uses by you;
that all consents for the processing of the User Data as required have been obtained by you;
after assessment of the requirements of Data Protection Legislation, the data protection security and confidentiality measures implemented by you when using the Service are suitable for protection of personal data against any accidental or unlawful destruction, accidental loss, alteration, unauthorised or unlawful disclosure or access, in particular when the processing involves data transmission over a network, and against any other forms of unlawful or unauthorised processing; and
We do not provide any equipment, third party software or internet access which may be necessary for you to use or access the Service. It is your responsibility to ensure that the Service is compatible with all hardware and software you use.
You must choose a strong and secure password, keep the password secure and confidential and not to transfer any part of your User Account to a third party. You agree not to disclose your password to any third party. You are responsible for all activities or actions that occur under your password.
You agree to notify us immediately on becoming aware of any breach of security or unauthorised use of your User Account and/or password. You are responsible for anything that happens through your User Account until the time you report any misuse to us.
We retain all right, title and interest in the Service and the information, communications, feedback, suggestions, comments, recommendations, information about performance of the Service, Outputs from performance of the Service, software, its “look and feel”, computer code, scripting, photographs, text, video, graphics, music, sounds, images, trademarks, trade names, logos and other materials and services found in, integrated with, or displayed on the Service (collectively, the “Content”).
You acknowledge that all intellectual property rights in the Service and the Content are owned by us or our third-party licensors to the fullest extent permitted under copyright and all other applicable laws. The Content is protected by copyright, trade mark, database right, sui generis rights and other intellectual property laws (as the case may be), under national laws and international treaties. You must not make alterations, extractions, modifications, or additions to the Content or the Service, or sell, disseminate or licence it, or misuse the Content in any way. You may display the Content in the format and location on each page of the website, only in the manner as prescribed by uHerrd. You must not use the Service to display Content on the internet websites of any third party. If you want to re-publish, extract, reproduce, disseminate or otherwise use the Content in a manner not provided for under clause 7.4, you must contact us for permission in writing in advance.
We make no representations or warranties with respect to the Content, and we do not guarantee that the Content is complete, accurate, current or reliable. Under no circumstances will we be liable in any way for any Content, including without limitation any errors or omissions in the Content, for Content that is incomplete, inaccurate, unreliable or out-dated or for any loss or damage of any kind incurred as a result of the use of any information posted, emailed or otherwise transmitted through the Service.
You acknowledge and agree that any breach of this clause 7 will cause us irreparable harm for which damages are not an adequate remedy and that we may seek interim, preliminary or protective relief from any competent court to restrain your anticipated or actual breach of this clause 7.
Our intellectual property made available on the Service is provided for information purposes only, is subject to change and will be updated from time to time without notice to you.
We make no warranties regarding possible infringement of any national or foreign patent, trade mark, trade name, copyright or other intellectual property rights and you shall have no claim against us or our affiliates or licensors in connection therewith.
The Service incorporates software, which may be updated automatically on your device or web browser in the event that a new version or feature becomes available. The operating system on your device may enable you to adjust your automatic update settings.
Our relationship with you is as a facilitator to assist you in your use of the Service. To the fullest extent permitted by law, the Service is provided ‘as is’ and on an ‘as available’ basis and we make no undertaking, representation or warranty:
in connection with the completeness or accuracy, security, reliability or timeliness of the Service or any of the Content;
that the Content that may be generated from the use of the Service will meet your business requirements;
that the Content that may be generated from the use of the Service will be accurate or reliable;
that the Service will be compatible with any particular application, program or software or be available at any particular time or location;
that the Service or its server is free from defects, errors, viruses, bugs or other harmful elements; or
None of the information in or displayed on the Service constitutes financial or investment or business development advice. We do not provide legal, financial or other services. If you require legal, financial, or expert advice or other assistance you should obtain that advice from a qualified professional.
Content generated from the use of our Service is not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on, using, or interpreting such materials by any registered User or by anyone who may be informed of any of its contents.
You agree to comply with all applicable laws, including, without limitation, privacy and data protection laws, intellectual property laws and other rights of any third party, tax laws, and other regulatory requirements in connection with your use and access of the Service. This may include applicable laws requiring you to obtain appropriate licenses, consents and permits before using the Service.
You may not use the Service in any manner that could damage, disable, overburden or impair the Service or any other party’s computer systems or hack or gain unauthorised access to the Service and its Content or data.
You must not use the Service to upload or transmit to or from the Service any potentially unlawful, threatening, libellous, defamatory, tortious, obscene, offensive, hateful, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under law, including, without limitation, any material that you are not entitled to post or transmit, or where such posting or transmission is otherwise in breach of any third party intellectual property rights.
You may not use any automated system or software to extract data from this Website for display on any other website or to use it otherwise.
Your use and access to the Service is at your own risk and you assume full responsibility and risk of loss resulting from the use of, uploading to, viewing, accessing, relying on or downloading of the Service and/or any Content, and for conclusions drawn from any such actions. We shall have no liability for any damage caused by errors or omissions in any Content, information, instructions or scripts provided to you by us in connection with the Service.
You agree that we are not liable to you or any third party for any loss, damage, claim or compensation arising out of or in connection with:
your use, or your inability to use or access the Service;
any delays, delivery failures, or any other loss or damage resulting from the transfer or uploading of data over communications links or network connections or facilities, including the internet;
our failure or delay to execute any payment or transaction in accordance with your instructions; or
any periods of non-availability of the Service due to maintenance, viruses and / or any technical problems.
To the fullest extent permitted by law, we and third parties connected to us expressly exclude:
all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
any liability for any loss, damage, claim or compensation incurred in connection with our Service or in connection with the use, inability to use, or results of the use of our Service, any websites linked to it and any Content posted on it; or
We are not responsible for the actions, content, information, or data of third parties, and you release us, our directors, shareholders, officers, employees, advisors and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
We may at any time, without notice or reason, without prejudice to our other rights, suspend or terminate your account or your access to the Service (in whole or in part). We reserve the right to decline any part of your payment at any time. We are not liable to you or any third party for any suspension or termination of access to the Service.
If you would like to stop using the Service, you may terminate your User account at any time and for any reason through the profile settings page on the Website.
Notices to you may be made via email or regular mail. Notices from you to us may also be made by email or regular mail. We may also communicate with you via phone. Any communications or materials that you email, mail, telephone or otherwise transmit through the Service, including information, data, questions, comments or suggestions are non-proprietary and non-confidential. We may use any idea, concept, feedback, recommendation, request, enhancement, issue, query, suggestion, know-how or technique contained in your communication for any purposes including but not limited to developing and marketing products.
Data Protection Legislation means the Data Protection Acts 1988 and 2003, European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011, Data Protection Directive 95/46/EC, e-Privacy Directive 2002/58/EC and, on and from 25 May 2018, the European General Data Protection Regulation (EU) 2016/679, and any secondary legislation which relates to personal data and privacy and any guidance issued by the Irish Data Protection Commissioner.
Open Source Software means software that meets the requirements of the Open Source Initiative’s Open Source definition (currently found at http://opensource.org), including any “copyleft” open-source software.
Outputs means all or any of the following Service outputs:
Programme means [uHerrrd Ltd. makes available the uHerrd platform which provides functionality for creating, embedding and sharing interactive content on websites and apps offered by online content publishers]
Region means the physical location where the data is uploaded to the Service and processed by the Service. The User specifies the Region from the list of available Regions provided when registering for the Service…
User means a non-consumer registered to use the Service, or otherwise authorised to use the Service on behalf of the registered business customer.
User Data means the data uploaded by the User to the uHerrd website with the purpose of being any material or content that is created, uploaded, transferred, posted or made available by a Publisher through the Platform or Services, including any textual, graphic, visual or audio content]