Thimba Media Limited (“Thimba”) and all entities that are controlled by Thimba are collectively referred to herein as “we”, “us” or “our”.
All information held within Thimba sites are our copyrighted property and/or the property of our licensors and licensees.
All trademarks or trade names are proprietary to Thimba and/or the aforementioned licensors or licensees. No information by us may be copied, republished, distributed or reproduced in any way.
Thimba sites are only for your personal use. Any business use of our sites is strictly prohibited. You may not use our sites in a way that is unlawful or causes harm to another person or entity.
If you send us unsolicited submissions, either intentionally or unintentionally, through your engagement with a Thimba site, including but not limited to content or materials, text, data, text, images, videos, audio, audiovisual and/or other biographical information or material that could be collectively referred to as user generated content, we and our authorised agents shall be allowed to use this content in an unrestricted way.
You agree to promptly notify us, using the form located on the corporate pages, of any breach of security that you become aware of involving any Thimba site. We disclaim liability for any losses or damage arising from your failure to comply with this section.
The following is a list of site rules that are applicable on Thimba websites. By using our sites, you agree that:
We cannot assure that other users will comply with our site rules or other provisions within these terms. By using our sites, you hereby assume all risk resulting in lack of compliance.
Where we ask you to submit your e-mail address or phone number you must, and you hereby agree to offer your real e-mail address or real phone number.
We reserve the right (but disclaim any responsibility) to remove any content generated by users of this site. We reserve the right to comply with any order by law enforcement officials in relation to the identification of any user, alleged to be using our sites in violation of the law which may include us turning over content and other submissions to law enforcement officials.
The content, information and all data that constitute materials on Thimba sites are provided without warranties of any kind. To the fullest permissible extent within applicable law, we disclaim all warranties. We do not warrant that our information will be error free or guarantee that they will not be outdated or contain harmful materials, viruses or similar components. You assume the cost of any and all issues arising from engagement with our sites.
We explicitly disclaim responsibility for the accuracy of information found on our sites. We cannot ensure your satisfaction with any product or service that you engage in upon leaving our sites or from a third party linked to from within our sites. You hereby waive any claim against us with respect to information contained within our sites or on third party sites linked to from our sites.
We advise you to investigate appropriately the entity with which you may transact on any of these third-party sites.
You hereby agree to indemnify and hold us harmless from and against any and all losses accrued by access to our sites.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE BE LIABLE TO YOU, ANY PERSON, ANY ENTITY FOR ANY CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, PERSONAL INJURY, PROPERTY DAMAGE OR ANY OTHER LOSSES , THAT RESULT FROM THE USE OF ANY THIMBA SITE OR MATERIALS.
MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE OR CONNECTED PARTIES BE HELD LIABLE FOR ANY DEEMED FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL OR AN ACT OF FORCE MAJEURE INCLUDING BUT NOT LIMITED TO EQUIPMENT, POWER AND/OR TECHNICAL FAILURES, DISPUTES, DISTURBANCES, ACTS OF GOD, WAR OR NATURAL DISASTERS, GOVERNMENTAL ACTIONS OR ORDERS BY FOREIGN COURTS.
YOU FURTHER AGREE THAT NEITHER WE NOR ANY ENTITY RELATED TO US ARE RESPONSIBLE OR LIABLE FOR ANY INCOMPATIBILITY BETWEEN OUR SITES AND ANY THIRD-PARTY SITE INCLUDING BUT NOT EXHAUSTIVE TO OUR OPERATOR PARTNERS OR FOR DELAYS YOU EXPERIENCE WITH TRANSACTIONS RELATING TO OUR SITES. THE LIMITATIONS IN THIS SECTION AND IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree that any action at law arising out of these terms shall be filed in Irish courts.
We make no representation that information on any Thimba site is appropriate or available for use in any particular location. Those who choose to access our sites do so taking responsibility for compliance with applicable laws in their local jurisdiction.
We reserve the right to change these terms at any point without notice. You as a user should regularly check these terms for changes.
These terms are in effect until terminated by either party. The parties to these terms are Thimba Media and You.
You may terminate these terms at any time by not using Thimba sites and destroying our materials accessed through Thimba sites.
With respect to you, we may terminate these terms without notice at our sole discretion. In this case we ask that you cease to use Thimba sites.
No waiver of a provision within these terms shall be deemed to constitute a further waiver of that provision or another provision. YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO A THIMBA SITE MUST COMMENCE WITHIN 1 YEAR OF THE CAUSE OF ACTION OTHERWISE THIS CAUSE OF ACTION WILL BE BARRED.
If there is a discrepancy between the English language version of this policy and any other language version of this policy the English language version shall prevail.