1. Introducing uHerrd

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”).

  1. We have tried to make these Terms of Use as clear as possible. If you have any questions about these Terms of Use or our Service, please contact us at support@uherrd.com.

2. Your acceptance of these Terms of Use

  1. Your agreement with us incorporates these terms of use, our Privacy Policy (hyperlink to policy), our Cookie Policy (hyperlink to policy) and any other polices we make available to you as part of the Service (“Terms of Use”). The provisions of these Terms of Use will prevail over any directly conflicting provisions of any other policy or document of you or us. These Terms of Use govern your access and use of the Service (whether or not you are a registered user).

  2. You should read the Terms of Use carefully and in their entirety. By accessing and using the Service you acknowledge that you have read, understood and agree to be bound by these Terms of Use. These Terms of Use contain terms which limit our liability to you and which affect your legal rights. If you do not agree to these Terms of Use, then you should not click “Agree” and should not access or use the Service.

  3. 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.

  4. You agree these Terms of Use are formed electronically without the need for a wet signature by either you or us. You hereby agree that a printed version of these Terms of Use and of any notice sent to you or published on our website or through the Services shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records generated and maintained in printed form by us.

3. Amendments

  1. We may amend these Terms of Use from time to time to update them or make other changes we consider necessary. You are responsible for reviewing and becoming familiar with any change we make. If you do not agree to a change you will have to immediately stop using the Service and close your account with us. Your continued use of the Service following our change will indicate your acceptance of the Service as modified.

  2. We may change the terms or the features or functionality of the Service at any time. Changes, for example, may include changing, suspending or ending any part or feature of the Service. We may also impose limits on certain features of the Service or restrict your access to parts or all of the Service. If a change is material, we will use reasonable endeavours to provide written notice to you but this may not be possible if the change is necessary to comply with any applicable law, mandatory safety or statutory requirements. Such changes to the terms, features or functionality may also impact on fees and or payment terms.

4. Your responsibilities

  1. 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.

  2. In relation to the User Data that you upload you represent, warrant and undertake that:

    1. you own the User Data uploaded by you to the Service or otherwise have the right to upload the User Data to the Service;

    2. you shall comply with all obligations that apply to you pursuant to Data Protection Legislation and these Terms of Use;

    3. you have established a procedure for the exercise of the rights of the individuals whose personal data is included in the User Data;

    4. the User Data has been lawfully and validly collected, and is relevant and proportionate to the respective uses by you;

    5. that all consents for the processing of the User Data as required have been obtained by you;

    6. 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

    7. you will take all reasonable steps to ensure compliance with the provisions of these Terms of Use by you and your personnel and by any person accessing or using the User Data on your behalf.
  3. 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.

  4. Email, data upload and other methods of transmitting information over the internet may be subject to interference or scrutiny by third parties and should be independently verified. We cannot ensure security and privacy of such communications and all risk in transmitting such communications through the Service lies with you. For security and/or maintenance purposes we may analyse communications or transmissions you make on or through the Service. This will be set out in further detail in our Privacy Policy.

5. Account

  1. You need to create and register an account with us before you can use or access our Service (“User Account”). If registering on behalf of a business, you declare that you have the authority to bind that business to these Terms of Use.

  2. You must ensure that all information that you provide to us when registering a User Account is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms of Use and may result in immediate termination of your User Account or your access to the Service.

  3. 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.

  4. 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.

  5. You permit us to access and analyse your User Account where necessary in order to provide efficient assistance and support in the case of a customer service issue, a security concern or other business requirement.

6. Payment

  1. Though the Service is currently made available free of charge we shall be entitled to change the account terms by providing you with written notice of any change. Such a change may include the introduction of a subscription fee or such other payment structure. Your continued use of the Service following the introduction of a payment structure or any change to such payment structure will indicate your acceptance of the Service as modified.

7. Intellectual property

  1. 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”).

  2. In consideration of your compliance with these Terms of Use for the duration of your account with us (unless terminated earlier), we hereby grant you a non-transferable, limited, revocable license to reproduce and display the Content (excluding any software code) solely in connection with your use of the Service (“License”). The License is not sub-licensable, is not transferrable and is subject always to these Terms of Use. We can terminate the License at any time for any reason without notice to you.

  3. 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.

  4. You may print off copies and download the Content generated through use of our Service. You must not modify the paper or digital copies of any materials you have printed or downloaded in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status as the authors of all Content generated through our Service must always be clearly acknowledged in writing. If you print off, copy or download any part of the Content generated through our Service in breach of these Terms of Use, your right to use our Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

  5. 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.

  6. 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.

  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.

  8. 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.

  9. This clause 7 is without prejudice to any rights you may have under any applicable mandatory laws.

8. Software in the service

  1. 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.

  2. We (and our licensors) provide you with a personal, non-assignable, worldwide, non-sub-licensable, non-exclusive licence to use the software provided to you as part of the Service. This licence is to enable you to use and access the Service in accordance with these Terms of Use. You shall not copy, modify, distribute, sell or lease any part of the Service or any software component embodied in the Service, or reverse engineer, or attempt to extract the source code of the software, unless you have written permission to do so.

  3. Some software used in our Service may be subject to an open-source licence agreement. The Open Source Software is licensed under the terms of the license that accompanies that Open Source Software.

9. Our relationship with you

  1. 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:

    1. in connection with the completeness or accuracy, security, reliability or timeliness of the Service or any of the Content;

    2. that the Content that may be generated from the use of the Service will meet your business requirements;

    3. that the Content that may be generated from the use of the Service will be accurate or reliable;

    4. that the Service will be compatible with any particular application, program or software or be available at any particular time or location;

    5. that the Service or its server is free from defects, errors, viruses, bugs or other harmful elements; or

    6. that any errors, bugs, suggestions, recommendations, enhancements or requests in the Service will be corrected or implemented.
  2. 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.

  3. 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.

  4. Any reference to or description within the Service to services or publications shall not be deemed our endorsement of such services or publications.

10. Your use of service

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. You acknowledge and agree that we may publically disclose your use of the Service, by displaying your User name and logo on our website and other Content.

11. Liability

  1. 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.

  2. You are responsible for all fees, fines, penalties and other liability incurred by us directly, indirectly and/or caused by a third party claim by your use of the Service and/or arising from your breach of these Terms of Use. You agree to indemnify us for any and all such liability.

  3. 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:

    1. your use, or your inability to use or access the Service;

    2. 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;

    3. our failure or delay to execute any payment or transaction in accordance with your instructions; or

    4. any periods of non-availability of the Service due to maintenance, viruses and / or any technical problems.

    5. any damage caused by errors or omissions in any data, information, instructions or scripts provided to us by you in connection with the Service.
  4. To the fullest extent permitted by law, we and third parties connected to us expressly exclude:

    1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

    2. 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

    3. any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; service unavailability; wasted management or office time; and any indirect or consequential loss.
  5. To the fullest extent permitted by law, the aggregate liability of us and our directors, shareholders, officers, employees, advisors and agents and third parties we work with, arising under or in connection with these Terms of Use or your use of the Service, or the Content, and whether caused by tort (including negligence) breach of contract or any other legal theory, will not exceed the greater of €50 or the total subscription fees (if any) you have paid to us in the past twelve months.

  6. 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.

  7. No provision of these Terms of Use limits or excludes our liability that cannot be excluded or limited under applicable law.

12. Indemnification

  1. You agree to indemnify, defend and hold harmless us and our subsidiaries, affiliates, directors, officers, agents, information parties, suppliers, licensors and licensees, co-branders or other partners, and employees (collectively the “Indemnified Parties”), from and against any and all, liabilities, expenses and costs, including reasonable legal fees incurred by the Indemnified Parties in connection with any claim or demand, made by any third party due to, connected with or arising out of your access or use of the Service, your connection to the Service, your User Data, your violation of the Terms of Use, or your violation of any rights of another. You hereby undertake and agree to promptly assist and co-operate as fully as reasonably required by any of the Indemnified Parties in the defence of any such claim or demand.

13. Links to Third Party Websites

  1. The Service may contain links to third party websites, but this does not mean that we endorse or authorise those websites nor does it mean that we are affiliated with the third party website’s owners or sponsors. Your use of third party websites is subject to the terms and conditions of use contained within each of those websites. We may terminate a link to a third party website at any time.

14. Suspension/Termination Of Use

  1. 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.

  2. 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.

  3. If your User account or the Service are terminated, your right to access and use the Service and Content immediately ends and any licenses granted under these Terms of Use terminate.

  4. On termination or expiry of your uHerrd account or the Terms of Use for any reason, clauses 7, 9, 10, 11, 12 , 16 and 17 and any other clauses directly related to the subject matter of those clauses will continue to apply.

15. Privacy Policy

  1. Protecting your privacy is important to us. We will process information about your business in accordance with our Privacy Policy. For full details of the type of information we collect via the Service, our use of such information and the persons and companies to whom we disclose this information, is set out in our Privacy Policy, which is hereby incorporated into and forms part of these Terms of Use.

16. Force Majeure

  1. We are not liable for any failure or delay to perform our obligations under these Terms of Use where the failure is due to anything beyond our reasonable control, including without limitation, acts of God, inclement weather, flood, network outages, lightning, fire, trade disputes, strikes, lockouts, acts or omissions of Governments or other authorities, war, military operations, computer malfunction, terrorist activities, social or labour unrest, mechanical or construction failures or difficulties, diseases, local laws, climactic conditions, criminal acts, abnormal conditions, or developments or acts or omissions of third parties.

17. Competitions

  1. Competition details form part of these terms and conditions.
  2. Entry is open to residents of the Republic of Ireland and UK except employees (and their families) of uHerrd Ltd., its printers and agents, the suppliers of the prizes and any other companies associated with the competitions.
  3. Use of a false name or address will result in disqualification.
  4. Entries that are incomplete, illegible, indecipherable, or inaudible (if made by phone) will not be valid and deemed void.
  5. All entries must be made directly by the person entering the competition.
  6. Entries made online using methods generated by a script, macro or the use of automated devices will be void.
  7. No responsibility can be accepted for entries lost, damaged or delayed in the post, or due to computer error in transit.
  8. The prizes are as stated, are not transferable to another individual and no cash or other alternatives will be offered.
  9. The winner(s) is (are) responsible for expenses and arrangements not specifically included in the prizes, including any necessary travel documents, passports and visas.
  10. Prizes are subject to availability and the prize suppliers’ terms and conditions.
  11. The promoters reserve the right to amend or alter the terms of competitions at any time and reject entries from entrants not entering into the spirit of the competition.
  12. In the event of a prize being unavailable, the promoter reserves the right to offer an alternative prize of equal or greater value.
  13. The winner(s) agree(s) to the use of their name, photograph and disclosure of county of residence and will co-operate with any other reasonable requests by uHerrd Ltd. relating to any post-winning publicity.
  14. Unless stated otherwise the winner(s) will be drawn at random from all correct entries received by the closing date stated within the promotional material.
  15. Reasonable efforts will be made to contact the winner(s). If the winner(s) cannot be contacted, or are unable to comply with these terms and conditions, the Promoter reserves the right to offer the prize to the next eligible entrant drawn at random, or in the event that the promotion is being judged the Promoter reserves the right to offer the prize to the runner(s)-up selected by the same judges.
  16. Confirmation of the prize will be made in writing to the winner(s).
  17. Failure to respond and/or provide an address for delivery, or failure to meet the eligibility requirements may result in forfeiture of the prize.
  18. Where applicable, the decision of the judges is final based on the criteria set out in the promotion and no correspondence will be entered into over this decision.
  19. Competitions may be modified or withdrawn at any time.
  20. The provider of the prize is specified within the promotional material.

18. General

  1. 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.

  2. If any part of these Terms of Use are found to be illegal, invalid or unenforceable by any court or administrative body of competent jurisdiction, that provision will be severed with the remainder of these Terms of Use remaining in full force and effect.

  3. These Terms of Use (and other documents referred to in them) represent the entire understanding between you and us concerning the viewing, accessing and use of the Service and Content. All prior promises, representations, understandings, arrangements, agreements concerning the viewing, accessing and use of the Service and Content are revoked.

  4. If we fail to enforce any provision of these Terms of Use or fail to respond to a breach by you, it will not be considered a waiver. Any waiver of these Terms of Use must be made in writing and signed by us.

  5. You and we agree that no agency, partnership, joint venture, or employment is created as a result of these Terms of Use and you do not have any authority of any kind to bind us in any respect.

  6. You may not assign or transfer these Terms of Use or any rights or obligations herein without our prior written consent. We have the right to assign these Terms of Use, and any of our rights or obligations herein without notice to you. These Terms of Use are binding upon each party and its respective successors, heirs, trustees, administrators, executors and permitted assigns.

  7. Though User Data may be uploaded and processed worldwide, Ireland is the place of performance in respect of the Service. The Terms of Use are governed by and construed in accordance with the laws of Ireland, and you agree that the courts of Ireland have exclusive jurisdiction to hear and determine any actions or proceedings that may arise out of or in connection with these Terms of Use. Nothing contained in this Clause 17.7 shall limit the right of us to bring enforcement proceedings in another State or to seek interim, protective or provisional relief in the courts of another State.

  8. In the event we wish to sell our business (or any part of it) we reserve the right to sell or transfer our business (or any part of it) including any intellectual property, programming code, and User database at our sole discretion.

19. Definitions

  1. In these Terms of Use, unless otherwise stated:

    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]

Iconography on polls and website

Icons made by Freepik, Icons made by Retinaicons, Elegant Themes, and Madebyoliver from www.flaticon.com is licensed by CC 3.0 BY