Terms of Use

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the Killarnee website at killarnee.org and all related websites and subdomains linked to killarnee.org by Killarnee and its affiliates, including Killarnee websites around the world (collectively the "Site"). The Site is the property of Killarnee and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Killarnee reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. It is your responsibility to periodically review these Terms of Use for changes. Your continued use of the Site after changes are posted means that you accept and agree to the changes. As long as you comply with these Terms of Use, Killarnee grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photos, trademarks, logos, sounds, music, works of art and computer code (collectively referred to as "Content"), including but not limited to the design, structure, selection, coordination, the expression, "look and feel" and arrangement of such content contained on the Site are owned, controlled or licensed by or to Killarnee and are subject to trade dress, copyright, patent and trademark laws and various other laws on intellectual property and laws protected against unfair competition.

Except as expressly provided in these Terms of Use, no part of the Site or any content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed (including "mirroring") without the express prior written consent of Killarnee to another computer, server, website or other medium for publication or distribution, or for a commercial enterprise.

You may use files that are intentionally made available to Killarnee for download from the Site, provided that, if a license is specified, you comply with the relevant license. A list of all licenses can be found here. If there is no license for the respective file, you may only use the file for non-commercial purposes and for personal use only.

Your Use of the Site

You may not use any "deep link", "page-scrape", "robots", "spiders" or any other automatic device, program, algorithm or method or similar or equivalent manual process to access any part of the Site or any content, them Acquire, copy or monitor or reproduce or circumvent the navigation structure or presentation of the Site or any Content, obtain or attempt to obtain in any way any material, document or information that is not intentionally made available through the Site. Killarnee reserves the right to prohibit such activities.

You may not attempt to gain unauthorized access to any part or function of the Site or any other system or network connected to the Site or any Killarnee server, or to any of the services offered on or through the Site, by hacking, password "mining" or other unlawful means.

You may not investigate, scan or test the vulnerability of the site or any network connected to the site, nor breach any security or authentication measures on the site or any network connected to the site. You may not trace any information at source about any other user or visitor to the Site or any other customer of Killarnee, including any account that does not belong to you, or the Site or any services or information provided by or through the Site Offered through the Site in a manner in which the purpose is to disclose information, including, but not limited to, personal identification or information other than your own information as provided by the Site.

You agree that you will not take any action that would inappropriately or disproportionately load the infrastructure of the Site or the systems or networks of Killarnee or systems or networks connected to the Site or Killarnee. You agree not to use any devices, software or routines to interfere with or attempt to interfere with the proper functioning of the site or any transaction carried out on the site or any other person's use of the site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmission that you send to Killarnee on or through the Site or any service offered on or through the Site. You must not pretend to be or represent someone else, or pose as any other natural or legal person. You may not use the Site or any of its contents for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit any illegal activity or any other activity that violates the rights of Killarnee or others.

Accounts, Passwords and Security

Certain functions or services offered on or through the website may require you to open an account. You are solely responsible for maintaining the confidentiality of the information you hold on your account, including your password, and for all activities that take place under your account. You agree to notify Killarnee immediately of any unauthorized use of your account or password or any other breach of security. You may be held liable for losses suffered by Killarnee or any other user or visitor to the website because someone else has kept your account or password because you did not keep your account information secure and confidential.

You may not use any other person's account or password at any time without the express permission and consent of the owner of the account or password. Killarnee cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Killarnee's privacy policy applies to your use of this Site, and its terms are made part of these Terms of Use by this reference. To view Killarnee's privacy policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information that you send to the site can be read or intercepted by others, even if there is a specific indication that a particular transmission (for example credit card information) is encrypted.

Disclaimers and Limitation of Liability

KILLARNEE DOES NOT PROMISE THAT THE SITE, OR THE CONTENT, SERVICES, OR FUNCTIONS OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL HAVE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE PROVIDED AS IS AND AS AVAILABLE. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO PRIOR NOTICE. KILLARNEE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE ARE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIONAL FEATURES. KILLARNEE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. KILLARNEE DISCLAIMS ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF THIRD PARTIES IN CONNECTION WITH, OR IN CONNECTION WITH YOUR USE OF THE SITE AND / OR THE KILLARNEE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ALL LINKED WEBSITES. YOUR SOLE REMEDY AGAINST THE MEANS OF SATISFACTION WITH THE SITE OR ANY CONTENT IS TO TERMINATE YOUR USE OF THE SITE OR SUCH CONTENT. THIS LIMITATION OF DURATION IS PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to damage, liability or injury caused by loss of service, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, failure of the communication line, theft or destruction or unauthorized access to, alteration or use be it due to breach of contract, tort, negligence or any other cause of action.

Killarnee reserves the right, at any time and without notice, to change, suspend or terminate the operation or access to the Site or any portion of the Site, change the Site or any portion of the Site, and any applicable policies or conditions or to change and interrupt the operation of the site or any part of the site to the extent necessary to carry out routine or non-routine maintenance, correction of errors or other changes.

This site may contain links to other independent third-party websites ("Linked Sites"). These linked pages are provided solely as a convenience to our visitors. Such linked websites are not under the control of and Killarnee is not responsible for and does not endorse the content of such linked websites, including any information or materials contained on such linked websites. You must make your own independent judgment about your interaction with these Linked Sites.

Unless prohibited by law, Killarnee is in no way liable to you for indirect, consequential, specimen, incidental or punitive damage, including lost profit, even if Killarnee has been advised of the possibility of such damage.

Violation of These Terms of Use

Killarnee may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with an investigation or complaint regarding your use of the Site, or in order to identify, contact, or use someone Take legal action against anyone who may (intentionally or unintentionally) infringe or disturb the rights or property of Killarnee or the rights or property of visitors or users of the Site, including Killarnee's customers. Killarnee reserves the right to disclose at any time any information that Killarnee deems necessary to comply with any applicable law, regulation, legal process, or regulatory request. Killarnee may also disclose your information if Killarnee determines that applicable law requires or permits such disclosure, including sharing information with other companies and organizations to protect against fraud.

You agree that Killarnee, in its sole discretion and without notice, may terminate your access to the Site and / or block your future access to the Site if we discover that you have violated these Terms of Use or any other agreement or policy, which may be related to your use of the site. You also agree that any breach of these Terms of Use by you will constitute unlawful and unfair business practice and cause Killarnee irreparable harm for which financial damages would be inadequate, and you agree that Killarnee may receive injunctive relief or fair remedies which Killarnee deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Killarnee has under law or in equity.

If Killarnee takes legal action against you for your breach of these Terms of Use, Killarnee will have the right to reclaim from you all reasonable attorney fees and costs in addition to any other remedies granted to Killarnee, and you agree to pay them. You agree that Killarnee will not be liable to you or any third party for any termination of your access to the Site as a result of a breach of these Terms of Use.

Miscellaneous and Other Terms and Conditions

The following terms govern and apply to your use of the site, and they are incorporated herein by this reference:

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

If any of the provisions of these Terms of Use is found to be void or unenforceable by a court of law, those provisions will be reduced to the minimum necessary or eliminated and replaced with a valid provision that best embodies the intent of these Terms of Use so that these Terms of Use are in full effect remain in force and in effect. These Terms of Use constitute the entire agreement between you and Killarnee relating to your use of the Site, and any other written or oral agreements or understandings previously existed between you and Killarnee relating to such use are hereby superseded and terminated. Unlike any sales contract you enter into with Killarnee, Killarnee does not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Killarnee's failure to insist or enforce strict compliance with these Terms of Use shall not be construed as a waiver by Killarnee of any provision or right to enforce these Terms of Use, nor shall any conduct between Killarnee and you or any other party be deemed to be a change a provision of these Terms of Use. These Terms of Use must not be construed or construed as conferring any right or remedy on any third party.


The information contained in this web site is subject to change without notice.
Killarnee, Wickenweg 35, 76199 Karlsruhe, Germany.

Last updated on October 23, 2020