Terms & Conditions
This web site is operated by Eternos Corporation Limited (CN:633751), a company incorporated in Ireland, registered office 13 Baggot Street Upper, Dublin 04, Ireland
This agreement represent the contract between you and Eternos Corporation Ltd (« us », « we », etc). When you use any of our Services, as defined below, you agree to be bound by these terms and conditions.
1 About us
1.1 Protect My Copyright (also trading as protectmycopyright.com and PMC) is the property of Eternos Corporation Limited – CN : 633751 (also trading as Eternos Corporation and EternosCorp).
2 About this Agreement
2.1 These Terms and Conditions (v1.0) set out our obligations and the terms on which you, the Customer, can use Protect My Copyright and its services. These Terms and Conditions, our Privacy Statement, the Eternos Business Mandate and Fees and Charges constitute the entire Agreement between you and us. Any additional service that you request from us will be subject to a separate agreement that you will be required to review and accept prior to using such service.
2.2 To open a PMC Account, you must review and agree to be bound by this Agreement.
2.3 Certain words and phrases used throughout these Terms and Conditions are defined in Section 17.
2.4 Applicable law to this Agreement
2.4.1 This Agreement and any disputes, claims or proceedings arising out of or in any way relating to it shall be governed by the laws of Ireland. The parties agree that the Irish courts shall have jurisdiction for the purpose of any proceedings, except where European Union legislation and local laws requires a specific dispute to be resolved by the courts of another jurisdiction.
2.5 Important information about the Agreement
2.5.1 If a condition of this Agreement is found to be illegal, invalid or unenforceable, then to the extent it is illegal, invalid or unenforceable, that condition will be given no effect and will be treated as though it were not included in this Agreement, but the validity or enforceability of the remaining conditions of this Agreement will not be affected.
2.5.2 This Agreement does not create a partnership between you and us. You have no authority to bind, to contract in the name of, or to create liability for us in any way for any purpose. You shall always present yourself as a separate entity from us.
2.5.3 No person other than the parties to this Agreement shall have rights under Sale of Goods and Supply of Services act, 1980 or otherwise to enforce any term of this Agreement.
2.5.4 This Agreement constitutes the entire agreement between you and us with respect to the Services and supersedes and replaces any and all prior agreements.
2.5.5 Any delay or failure by a party to exercise or enforce any right under this Agreement shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter.
2.5.6 The rights and remedies available to us in this Agreement are cumulative and are in addition to any other right or remedy available to us at law or in equity.
2.5.7. The parties agree that the copyright management under this agreement is compliant with the Copyright and Intellectual property Act 2000 .
2.5.8. The parties agree Eternos Corporation is not a barrister or a lawyer, and will not be regarded as such according to the Legal Services Regulation Act 2015.
2.5.9 If you use Our Website in any way on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
2.5.10 In entering into this contract you have not relied on any representation or information from any source except Our Website.
2.5.11 You acknowledge that you are satisfied that the Product or Service you have selected is suitable and satisfactory for your requirements;
2.5.12 You are not a client for the time between our completing one piece of work for you and starting another. Each piece of work is a new retainer which terminates when that work is done. If we should give advice on the same case at a subsequent time, such advice constitutes a separate contract and does not retrospectively extend the first contract for our Services.
2.5.13 The price of any Service may be changed by us at any time.
2.5.14 You agree that you are bound by these terms (or the latest version of them) for all future contracts with us, whether ordered through Our Website or in some other way.
2.5.15 You now agree that you commit a breach of this contract if you seek repayment of money paid to us by asking your credit card provider to credit back a payment made to us, without attempting to seek repayment from us first. In that event, you agree that you will owe us first the sum charged to us by our merchant service provider and secondly a sum based on time spent at €200 per hour in dealing with your breach. You also agree that this provision is reasonable.
2.6.1 You may cancel this Agreement within 14 days of the initial opening of your account, being the day you agreed to accept these Terms and Conditions, you may do so without giving a reason and without incurring cancellation charges (if any) or penalties. Contact our Support Team as set out in the communicating with us section if you want to cancel this Agreement.
2.6.2. Cancellation of the agreement under 2.6.1. is only possible if you have not engaged in any transaction with Eternos Corporation other than this agreement. This include but is not limited to not buying any token or requesting and paying for a special contract.
2.7 Changes to the Agreement
2.7.1 This Agreement may change from time to time. We will give you at least one week’ notice of any proposed change by e-mailing the User(s) and posting a notice on our Website. However, if the change is to your benefit or if a change is optional, according to European legislation and case law, we may make these new features available sooner than two months and notify you accordingly.
2.7.2 If you object to the proposed change, you have the right to end your Agreement with us (and consequently close your Account) before the proposed change comes into effect without incurring any charge. To do so, you must give us written notice and email it to our Support Team. You will however be responsible for all transactions and charges incurred by you up to the date this Agreement terminates.
2.7.3 Unless you object to the change we propose, the proposed change will take effect on the date identified in our communication to you and the terms of this Agreement will be amended accordingly.
2.7.4 Your continued use of your Account following the effective date of the relevant changes to these Terms and Conditions will constitute your acceptance of the revised Terms and Conditions.
3 Communicating with us
3.1 All communications between us will be in English and will be carried out through the Account, SMS text, e-mail or phone. You or the User(s) may contact us at any time by emailing us at [email protected] or write to us at our registered address stated above. You can also obtain a copy of these Terms and Conditions from our Support Team and from the Website.
3.2 We are not liable to you, if due to circumstances beyond our reasonable control, communications are intercepted, delayed, corrupted, not received or received by persons other than you.
4 How the Account works
4.1 An Account allows you to make payments to buy credits. You can lodge credits to your Account.
4.2 You must ensure that there are sufficient funds in the Account to meet your requirements. We do not provide bank credit. There is no overdraft facility on the Account. We may debit your Account with all amounts and charges for which you are liable. We do not accept payments by cheque or cash deposits into an Account. Interest is not paid on credits in an Account.
4.3 You may not assign or transfer your Account to a third party. You may not otherwise grant any third party a legal or equitable interest over it without our specific written permission.
4.5 How to access our Services?
4.5.1 To be eligible to open an Account:
- if you are a natural person, you must be at least 18 years of age, and have full legal capacity to enter into a contract of this nature in your country of residence; or
- if you are a legal entity (being a charity, company or partnership), you must provide registration proofs as well as IP property proof, and your company must be registered in one of the following countries (any European Union member and dependencies, USA, Canada, Great Britain, Russia, Ukraine, Switzerland, Liechtenstein, Monaco, Belarus, Iceland, Norway, Andorra, Argentina, Brazil). If your legal entity is not registered in any of these countries, you may be eligible to open an Account subject to our approval on a case by case basis;
- You must have a smartphone, which we can verify and use to authenticate various processes.
- Vulnerable Consumers or their carers or guardians should contact us at [email protected] prior to opening an Account.
4.5.2 We reserve the right to amend our eligibility criteria from time to time, without notice. We reserve the right to decline to open an Account without providing an explanation.
4.5.3 To open an Account, you must complete the account opening procedure set out on our online registration application. Once a registration application has been completed, the Administrator can access your Account to view your Profile and set up your Security Details. You must keep your name and password safe at all times. See section 11 on keeping your account safe and for more details about preventing your password from being known by others. Your Account will not be active and you will have no access to any Services on your Account until we have fully verified all the information you have provided to us.
4.5.4 To comply with applicable anti-money laundering legislation and copyright assessment and protection, we will require you to provide us with certain documents and information on the business itself, the directors, partners or other responsible officers, beneficial owners and the Users. You are responsible for securing any permission required from an individual in relation to the use and retention of their Personal Data by us to open and operate the Account. You can contact the Support Team for details of the information we require. We reserve the right to request such information and documentation we believe is necessary to continue to meet our statutory obligations at any time during which you hold an Account with us. If you do not provide the information and documents we require, we do not have to provide the Services to you or we may restrict the functionality and Limits on your Account.
4.5.5. We take care to make Our Websites safe for you to use. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
4.5.6. If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
4.5.7 You must give unlimited access to your content and works, upon demand, if those content are not public, to allow our teams to check you are the true owner of those works and contents. To avoid any problem with copyright international law, we will upon your refusal suspend your account until compliance with this clause.
4.6 Availability of our service
We endeavour to provide our service 24 hours per day, however the Service will be unavailable on certain occasions for essential maintenance. We make every effort to minimise any disruption to the Services during system maintenance and system upgrades, and all planned maintenance is scheduled outside of Business Hours. Furthermore, while we endeavour to provide currency conversion 24 hours per day, there may be occasions when this service is not available.
4.7 General Terms of services
4.7.1. You agree to give Eternos Corporation full power of attorney regarding any the protection of any piece of intellectual property you hold and will introduce in the PMC system.
4.7.2. You also agree to give Eternos Corporation full power of attorney regarding any the protection of any piece of intellectual property you hold that may relate to the piece of intellectual property of the previous provision. (4.7.2).
4.7.3. Eternos Corporation is bound, for this entire agreement, by an obligation of mean as to the copyright and intellectual piece of property protection. This includes and is limited to :
- A notification of compliance sent by electronic means (mail) to the every content breach occurrence found on the PMC system to the content breach site owner, where the mail has been found.
- A second notification of compliance 15 days after the first if the breach is still occurring sent by electronic means (mail) to the every content breach occurrence found on the PMC system to the content breach site owner, where the mail has been found.
- A notification of compliance sent by electronic means (mail) to the every content breach occurrence found on the PMC system to the content breach site registrar, where the mail has been found.
- A second notification of compliance 15 days after the first if the breach is still occurring sent by electronic means (mail) to the every content breach occurrence found on the PMC system to the content breach site registration, where the mail has been found.
- A notification of compliance sent by electronic means (mail) to the every content breach occurrence found on the PMC system to the content breach site hosting agent, where the mail has been found.
- A second notification of compliance 15 days after the first if the breach is still occurring sent by electronic means (mail) to the every content breach occurrence found on the PMC system to the content breach site hosting agent, where the mail has been found.
4.7.4 You agree that Eternos Corporation will make manual controls on any action you do the website to ensure the compliance with this agreement.
4.7.5. You agree to put in the PMC system only piece of copyright you do own, and act as such you will only add one specific piece of copyright for each token.
4.7.6. Any insertion of content into the PMC system bounds you must eliminate with the appropriate tool any content that you do not own that you may appear in the PMC system.
5.1 A User is any individual who is granted access to your Account by you. The person opening the Account must be permitted to open it on behalf of the business and will automatically be assigned the Role of Administrator.
5.2 It is the responsibility of the Administrator(s) to select and appoint additional User(s) and must satisfy themselves as to the suitability and integrity of the individual(s) chosen for the Roles assigned to them. It is important to be aware that the Administrator(s) manages additional Users and has full power to administer and operate your Account.
5.4 You confirm and agree that any officer, employee, agent, representative or other person who has been approved as a User(s) by you has the authority to access and use your Account as defined by the Role assigned to them. Any instruction we receive from a User(s) shall be construed as an instruction from you and shall be binding on you. It is your responsibility to ensure that the User(s) is made aware of, and abides by the terms of this Agreement. You shall be responsible for all actions by the User(s).
5.5 You authorise us to act on instructions received from a User, by email or any electronic communication through a telephone, website or computer and on such instruction, in line with Role Permissions:
- a) We will be entitled (but not obliged) to act on such instructions and will not be required to enquire as to the authority or identity of the person giving or purporting to give the instructions, regardless of the circumstances prevailing at the time of the instructions;
- b) We will not be liable if the instructions are lost, delayed or distorted in transmission or other matters beyond our reasonable control;
- c) You shall be responsible to us for any loss, costs, damage or expenses that you or we suffer or incur as a consequence of acting on such instructions;
- d) In the event that you have any right, claim or action against any User or any other person arising from their use of your Account, you shall pursue such right, claim or action independently of, and without recourse to us. You will be responsible for any liability we incur, including any damage, loss, cost, expense (including legal fees) from any claim arising out of you or any User(s) nominated by you or not complying with the terms of this Agreement and/or for any unlawful use of the Account by a User. This condition shall not apply to the extent that the User’s use of your Account(s) or non-compliance is as a result of us not acting in accordance with our obligations under this Agreement.
6 Limits on protection
6.1 The law differs from one country to another and between consumers and other buyers. This paragraph applies so far as the applicable law allows.
6.2 All implied conditions, warranties and terms are excluded from this agreement.
6.3 We make no representation or warranty that any Service or Licensed Product will be:
6.3.1 useful to you;
6.3.2 of satisfactory quality;
6.3.3 fit for a particular purpose;
6.3.4 available or accessible, without interruption, or without error.
6.4 Except in the case of death or personal injury, our total liability under this agreement, however it arises, shall not exceed the sum of €50 by token. This applies whether your case is based on contract, tort or any other basis in law.
6.5 We shall not be liable to you for any loss or expense which is:
6.5.1 indirect or consequential loss; or
6.5.2 economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
6.6 If you become aware of any breach of any term of this agreement by any person, please tell us by email to [email protected] . We welcome your input but do not guarantee to agree with your judgement.
6.7 Some Services you might propose you outside our Website are provided by solicitors or barristers in practice. Those Services may be subject to the rules and regulations of the professional bodies of which those providers are members. You have the benefit of their professional indemnity insurance and of other professional safeguards.
6.7.1 The fact of your buying Services from a practising solicitor or barrister does not of itself indicate that the service is suitable for your use. Advice is inevitably limited by the scope of your instructions and the time available for the drawing of advice. If you require a full service, it may be necessary to re-instruct your lawyer for further help.
6.9 Services provided by Eternos Corporation are provided « without liability ». We make no representation and give no warranty with respect to any of the Services. We do not suggest any document or Service is suitable for your particular use. We are not and do not pretend to be a firm of solicitors. But we are members of the Association of Publishers of Online Legal Documents.
6.10 We are not responsible for any action you decide to take as a result of using a Service or buying a Licensed Product.
6.11 The Eternos Corporation’ Protect my copyright does not extend to our handling of your « case », nor will we generally contact any third party on your behalf without a special arrangement. Accordingly, we are under no obligation to undertake any work for you beyond what has been specifically agreed.
6.12 Our Website contains links to other Internet web sites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such web site.
6.13 Advice given and documents produced by Eternos Corporation are valid only within the jurisdiction of Republic of Ireland, or if indicated otherwise, in the appropriated jurisdiction.
7. Licence and properties
7.1 When you « buy » a Eternos Corporation credit, what you do in fact buy is a licence to use our solution for the purposes of your own business or in a single company, for one only piece of intellectual property.
7.2 We do not offer the Services in all countries. We may refuse a Licence if you live in a country we do not serve.
7.3 All ownership rights and intellectual property rights of the PMC system, or any ownership rights and intellectual property of any product property of Eternos Corporation, shall remain the sole property of us . We will strongly protect our rights in all countries.
7.4 All ownership rights and intellectual property rights of any piece of intellectual property provided by a copyright holder protected by the PMC system shall remain the sole property this owner. Eternos Corporation shall only act on the behalf of the owner, and does not have any claim on it.
7.5 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any part of PMC, in whole or in part, except as is expressly permitted in this agreement.
7.6 It is a condition of your license to use that you preserve our copyright notices as far as reasonably possible. You are allowed, by this, mean, to add to your website an image representing the PMC project.
7.7 You declare that you hold the ownership of all the content and works you will protect with the Protect My Copyright system. You also acknowledge that inserting into the system content that you do not own is a breach of terms and will result in immediate suppression of your account without any reimbursement of the credit already bought. You also agree that acting so will engage your liability.
8.1 Buying tokens
8.1.1 All payment from your Account can be made on our Web Application. A User must have the appropriate Role and Security Details to authorise each payment instruction. We will not be responsible for incorrect payments made if they are in accordance with any instruction given by a User. A payment cannot be cancelled or reversed once it has been authorised by a User.
8.1.2 You can view a history of your account payments and the unique reference for each payment transaction by accessing the Transactions section of your Account.
8.2.1 All payment transfers will be processed at regular intervals once the transfer details are received by our banks and payment services.
8.3.1 We shall not we be responsible or incur any liability for any incorrect transactions effected by us as a result of being provided with incorrect information..
8.3.2. If your account is credited incorrectly by a third party, we are obliged, if requested, to share your payment details so that the third party can recover the funds directly.
9 Limits on your Account
9.1 To ensure the safe operation of the Account we will set transaction and service Limits, at our sole discretion and these may change without notice. Details of the Limits that apply to your Account are set out in the settings section of the Account.
10 Fees and charges
10.1 Standard Fees and Charges, and Credit costs are set out in the pricing section of the Website. Unless otherwise agreed, these form part of this Agreement. Any price can be changed by us at any time.
10.2 We will deduct any applicable Fees and Charges from the Account as they are incurred.
10.3 If currency conversion is requested and available, the exchange will be done by our bank or payment partners. We are not responsible for any exchange rates. Rates are currently supplied by our banks and business partners and the rates may be aggregated from a variety of sources. There is no guarantee that the rates offered match any particular benchmark. Any change in an exchange rate will apply immediately and without notice. When you request currency to be converted, be aware the exchange rate may differ between the time you view the rate and the time you authorise the conversion to be processed. We will not be liable to you for any such change.
11.1 It is your responsibility to ensure that you keep your login details (login and password,) safe and secure at all times. In addition, you must take all reasonable steps to ensure that all Users keep them safe and secure.
11.2 If any login details is lost or stolen, you must immediately contact our Support Team straight away at [email protected]
11.3 Any undue delay in notifying us may not only affect the security of funds held on your Account but may result in you being liable for all losses as a result.
11.4 If you or the User(s) knows or suspects any part of the Security Details are known by someone else, you should ensure that they are promptly changed and must contact our Support Team straight away.
11.5 PMC will not retain any details of payment other than those ordered and required by the laws and jurisdiction of the Republic of Ireland.
11.7 If you or the User(s) is in doubt whether a communication or request from us is genuine, you should contact our Support Team at [email protected] If it is suspected that the Account has been accessed by someone else, or that any of the Security Details, you should report the incident to the relevant authorities and report the incident.
11.7 If you or the User(s) identify fraud or any security threats on your Account, you should notify us immediately by contacting our Support Team at [email protected]
11.8 The Password is used in conjunction with the login or email address to sign into the application;
11.9 Your Security Details must be treated as strictly confidential and you must:
- ensure your computer, modem or any other device you or a User(s) use is safe, efficient and complies with any applicable standards and requirements;
- carry out your own regular virus checks and Eternos Corporation wall protection;
- make your own contingency arrangements to cover system or operational failures or suspension;
- follow the procedures and instructions that we give you from time to time in relation to a particular service; and
- tell us as soon as you or the User(s) can if there is any failure, delay, malfunction, virus or error in the sending or receiving of instructions or any suspected fraud and assist in any remedial steps we propose.
11.9. We may refuse to process a payment transaction.We may also block a specific transaction if you or the User(s) debit card or Account is being used inappropriately/fraudulently or for security reasons. If we do, unless we are prohibited by law to do so, we will give you or the User(s) requesting the transaction notice of the refusal or block by email. If possible, we will provide the reasons for the block or refusal and where practicable, the procedure to follow to correct the situation or remove the block if the reasons for blocking no longer exist. You can contact the Support Team should you have any queries about the status of a payment transaction.
12 Usage of your data
12.1 Your Personal Data will be held, in accordance with applicable Data Protection Legislation with which we must comply.
12.2 For the purposes of providing our service to you we may share your personal information with contracted third parties e.g. banks and other firms external to us. Contracted third parties, such as banks and payment partners are obliged to ensure that your personal data is securely managed, at all times and will only use this data in line with our specific instructions.
12.3 In order to meet our legal obligations we may share your personal information with authorities both within Ireland and abroad to prevent money laundering, terrorism and fraud.
12.3.1 Also in order to meet our legal obligation as to copyright protection, we may share part your personal information in our notices such as name or trading name and contact, to prevent any abuse of the service and comply with copyright regulation, such as the DMCA act in the US or the Bern convention identification.
12.4 We will only process the Personal Data of the Users and such other persons identified by you, as part of a transaction or during the operation of your Account in accordance with the terms of this Agreement, specifically in accordance with the Privacy Statement. Our Privacy Statement is available on the Website. It contains details on how we use Personal Data, the privacy rights of individuals together with our commitments in relation to using Personal Data.
12.5 When sending a payment such as a credit buying, Personal Data may be included in accordance with the requirement. This may include names, addresses and additional personal details of individuals including Users and other individuals in your business.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Website, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
12.6 Accessing and updating your data
12.6.1 If your name or contact details change you must notify us. We will not be responsible if we fail to contact you because you have not provided us with your latest details. EU data protection regulations provide you with rights with regard to your personal data. Detail of these rights are available in our Privacy Statement.
12.6.2 Please read our Privacy Statement available on the Website for further details on our obligations and your rights.
Security of Our Website
12.7.1 You now agree that you will not, and will not allow any other person to:
- modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
- link to our site in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Websites by typing the URL into a standard browser;
- download any part of Our Website, without our express written consent;
- collect or use any product listings, descriptions, or prices;
- collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
- aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
- for any purpose use our name, any proprietary information (including images, text, page layout, or form) of ours or of our affiliates in any way and in particular to entice search robots to some other website;
- upload or republish any part of our Content on any Internet, intranet or extranet site.
- share with a third party any login credentials to Our Websites;
- use on Our Website software which assists in:
- data mining, extraction or collection;
- performing any automated operation;
12.7.2 Despite the above terms, we now grant a licence to you to create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. you can do this without specific permission. This licence is conditional upon your not portraying us or any Product or Service in a false, misleading, derogatory, or otherwise offensive manner. you may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
13.1 Any complaints should be addressed to us in the first instance by contacting our Support Team at [email protected]. Your complaint will be handled in accordance with our complaints procedure, a summary of which is available on the Website.
14 Closing / suspension of your Account
14.1 You may close your Account with us at any time by contacting our Support Team at [email protected] . Once closed, your Account cannot be re-opened, but you can open a new Account.
14.2 We may close the Account or any part of the Service associated with it on giving you two months’ prior notice.
14.3 We may at any time suspend or close the Account without notice where you or the User(s):
- breach any condition of the Agreement or any other condition applicable to specific services covered by separate agreement with us;
- violate or we have reason to believe are in violation of any law or regulation that is applicable to the use of our Services;
- we have reason to believe that you or the User(s) are in any way involved in any fraudulent activity;
- process transactions or we have reason to believe that such transactions involve the making available or sale of content, services or products which are deemed by us in our sole discretion as being inappropriate, unlawful or potentially damaging to our reputation.
- we reasonably believe that the Account has been compromised in any way or for other security reasons; or
- refuse to sign an account mandate.
- we reasonably suspect the Account to have been used or is being used without your authorisation or fraudulently;
- and in such circumstance we shall, unless prohibited by law, notify you prior to us suspending the Account, or if prior notification is not possible or practicable in such circumstance, then promptly after the suspension unless we are prohibited by law.
14.4 Prior to closure of your Account, we will initiate the return of any funds in your Account to a nominated account through a Faster Payment or SEPA Credit Transfer, in accordance with your instructions. This condition may be invoked if there is a claim against these funds.
15 Intellectual Property
15.1 The Intellectual Property rights in all data, information, systems, processes or other material used by or developed by us for the purposes of providing the Account and Web Application or performing our obligations under the Agreement shall remain vested, or upon their creation vest, in us or our licensors. You and all Users shall use such material only for the purpose of receiving the Services, as contemplated by the Agreement.
15.2 The Intellectual Property rights and contents of the Account and Web Application are owned by us. Reproduction of part or all of their contents in any form is prohibited without our prior consent. You will promptly notify us of any infringement or threatened infringement or of any challenges to validity or ownership of any Intellectual Property or other right of ours of which you become aware and will provide reasonable assistance to us at our expense, in connection therewith.
15.3 When using the Account Web Application you must not perform any illegal actions or breach any applicable laws.
15.4 To comply with Intellectual property law, you agree to complete our copyright protection template to be opposed to third party.
15.5 To avoid any conflict of Intellectual property, you are obligated to list any allowed usage by you of your own content and work in our system, with the appropriate tools. Those permissions include fair usage directly allowed by you, commercial content not listed as such and any of your business partner usage of said content.
16 Miscellanous – Among which Force Majeure.
16.1 We will not be liable for any failure, interruption or delay in the performance of our obligations under this Agreement, in whole or in part, if such delay or failure is due to an event that is a Force Majeure
16.2 The following terms apply in the event of a dispute between the parties:
16.2.1 If you are not happy with our services or have any complaint then you must tell us by email message to [email protected]
16.2.2 If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with the other in a process of mediation or arbitration.
16.2.3 We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at http://ec.europa.eu/consumers/odr/
16.3 You undertake to provide to us your current land address, e-mail address, telephone and fax numbers as often as they are changed together with all information that we may require to enable us to fulfill our obligations under this contract.
16.4 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
16.5 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
16.6 Any obligation in this agreement intended to continue to have effect after termination shall so continue.
16.7 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
16.8 When you visit Our Websites or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Websites. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing. We are not obliged to keep copies of communications between us, nor papers you send to us in any connection. You should therefore never send original papers to us. In practice, we will endeavour to keep soft copy of advice given, for our own benefit. You are strongly advised to print and retain a copy of all communications between us.
16.9 Any communication to be served on either of the parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered:
- if delivered by hand: on the day of delivery;
- if sent by post to the correct address: within four working days of posting to an address in the European Union and eight working days to any other address;
- If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
16.10 This agreement does not give any right to any third party.
16.11 In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
16.12 This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
16.13 The validity, construction and performance of this agreement shall be governed by the laws of the Republic of Ireland.
Account Mandate means our template account mandate form in which you explicitly allow us to protect your content as to third party infringement.
Agreement means the legal agreement between you and us, and includes the Account Mandate, these Terms and Conditions, our Privacy Statement and Fees and Charges as are notified to you or the User(s) from time to time;
Administrator(s) means an individual authorised by you to access the Account as described in the section 5;
Business means an entity which has an Account with Eternos Corporation Financial Services Limited;
Account(s) means one or more Account(s) provided by us used to access the Services;
Business Day means a day (other than a Saturday, Sunday or public holiday) on which we are generally open for business in Ireland and/or the UK, where in relation to execution timeframes in respect of a payment to an account with another bank, a day on which the payee’s bank is also open for business. A Non-Business Day is any day which is not a Business Day;
Business Hours mean 9:00am to 5:00pm GMT on a Business Day;
Customer means you, the entity which holds an Account;
Data Protection Legislation means Data Protection Acts 1998 and 2003 (as amended) and the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 (as amended);
FAQ means the information on our services as provided on our website under the Frequently Asked Questions section;
Force Majeure means any event which is outside our reasonable control, including the unavailability or faulty performance of communication networks or energy sources, any act of God, any act or omission of governmental or other competent authority, Eternos Corporations, strikes, industrial dispute, riots, war, civil unrest, revolution, act of terrorism, inability to obtain materials, embargo, refusal of licence, theft, destruction, denial of service attacks, unauthorised access to computer systems or records, programs, equipment, data, or Services, breakdown of plant or machinery, flood or other adverse weather conditions;
Intellectual Property means patents, registered designs, trademarks, service marks, design rights and database rights (whether registerable or otherwise), applications for any of the foregoing, copyright (including copyright in source code, object code, procedures manuals and related documentation), know-how, trade or business names and other similar rights or obligations, whether registerable or not in any country (including the United Kingdom and Ireland) and all rights of a similar or corresponding character subsisting anywhere in the world;
Piece of Intellectual Property means videos, photo, films, software, music, songs, adult content of any kind, book and e-book which ownership and intellectual property is owner by a person, which content whether registerable or not in any country (including the United Kingdom and Ireland) and all rights of a similar or corresponding character subsisting anywhere in the world;
Limits mean the limits set by us at our sole discretion;
Password means the secret word that must be used to access the Services;
Payment Service Provider means a company that offers payment, account and/or information services;
Personal Data means data relating to a living individual who is or can be identified either from the data; or from the data in conjunction with other information that is in, or is likely to come into, the possession of the data processor;
Permissions means the ability to perform a specific action in the Account;
PIN means the four (4) digit security code you enter when using your debit card;
Privacy Statement means the Privacy Statement set out on our Website which sets out how we collect, use and share Personal Data;
Profile means all personal, entity and contact information relating to you, the Customer, including your Users;
Services mean the services provided in accordance with the terms of this Agreement;
Support Team means the Eternos Corporation Support Team at [email protected] The Support Team is available between Business Hours;
Terms and Conditions means these terms and conditions for Accounts as set out in this document and as amended from time to time;
User(s) means each individual authorised by you to access the Account as per the Permissions set by their Role or any TPP authorised by you to access the Account;
You and Your shall mean you, the Customer, being an individual, partnership, limited partnership, limited company, charity, public authority or other entity (corporate or otherwise) or any TPP authorised by you;
Vulnerable Consumer means a natural person who has the capacity to make his or her own decisions but who because of individual circumstances, may require assistance to do so (for example, visually impaired); and/or has limited capacity to make his or her own decisions and who requires assistance to do so (for example, persons with intellectual disabilities or mental health difficulties);
We, Us, Our means Eternos Corporation Ltd.;
Web Application means the web based application used to access the Account;
Website means our website available at protectmycopyright.com