All courseware and tools available for download through any website owned and operated by Social Media Manager Ireland are the copyrighted work either by Social Media Manager Ireland or by third party software vendors. The download and use of such drivers, software and tools is only allowed if the downloading party (in the following: customer) agrees to respective license or other arrangements, if any, between Social Media Manager Ireland or third-party vendor and customer.
The downloaded drivers, software and tools are warranted, if at all, only according to the relative licence agreements. Except as warranted in those licence agreements, any warranty or liability of Social Media Manager Ireland is based on the following stipulations:
- General liability of Social Media Manager Ireland for drivers, software and tools, limitation of liability
1.1. Although Social Media Manager Ireland has tested the drivers, software and tools thoroughly, Social Media Manager Ireland does not guarantee that the drivers, software and tools available will be uninterrupted or error-free. In addition, Social Media Manager Ireland does not guarantee that the content on its sites is always up to date. Its sites and any content is distributed on an "as is, as available" basis.
1.2. Any material that customers download or otherwise obtain through Social Media Manager Ireland's sites is done at the customer's own discretion and risk, and the customer will be solely responsible for any potential damages to his hardware or loss of data that results from the download of any such material from Social Media Manager Ireland's sites.
1.3. The customer is solely responsible that any downloaded material meets customer’s requirements and expectations.
1.4. Before installation and usage of any drivers, software and tools, the customer is obliged to read and strictly follow the manuals and installation guides related to the drivers, software and tools.
1.5. The customer is solely responsible for adequate protection and backup of the data and equipment used in connection with any downloaded software, drivers or tools of Social Media Manager Ireland's sites.
1.6. Neither Social Media Manager Ireland makes any representations or warranties as to the truth, accuracy or completeness of any statements, information or materials concerning drivers, software and tools that are contained on and within any of the websites owned and operated by Social Media Manager Ireland.
1.7. Neither Social Media Manager Ireland nor any of our partners make any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose or non-infringement.
1.8. Social Media Manager Ireland is only liable in case of intention and gross negligence. Under no circumstances will Social Media Manager Ireland be liable for any indirect, punitive, special, incidental or consequential damages or any loss of profit, loss of production however they may arise and regardless on which legal basis they are based on.
1.9. Some countries do not allow the exclusion of implied warranties or limitation of liability as outlined under the clause above, therefore, the above limitations or exclusions may not apply to you. In such countries, Social Media Manager Ireland’s liability and that of our third-party content providers and their respective agents shall be limited to the greatest extent permitted by the relevant law.
- An additional limitation of liability for third party drivers and software:
2.1. Any questions complaints or claims related to third party drivers and software should only be directed to the appropriate author or company responsible for developing the software. Responsibility or any liability of Social Media Manager Ireland for the third party of third-party material is excluded.
2.2. Social Media Manager Ireland makes no representations or warranties of any kind concerning the quality, safety or suitability of any third-party drivers and software.
2.3. Social Media Manager Ireland will not be liable for any damages that customer may suffer in connection with using, modifying or distributing any of the third-party software.
2.4. Clause 1 shall apply additionally.
3. Choice of law; jurisdiction, interpretation
3.1. The validity, construction and performance of this stipulations shall be governed by the laws of Ireland excluding the stipulations on conflict of laws and the united nations convention on contracts for the international sale of goods.
3.2. The parties agree, that the courts of Ireland shall have the exclusive jurisdiction in respect of any dispute, suit, action or proceedings which may arise out of or in connection with this agreement.
3.3. This contract shall be construed according to Ireland law. In the event that there is any conflict between the English legal meaning and the Ireland legal meaning of this contract or any part hereof the Ireland legal meaning shall prevail.
3.4. Should certain conditions of this disclaimer or any part thereof be declared invalid or unenforceable, the remainder of the disclaimer shall continue on unchanged terms and conditions, and the parties shall agree on replacement terms, which to the extent possible shall express the initial intention of the parties.