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Terms of Use

mickflannery.com and mickflannery.ie

ACCEPTANCE OF TERMS THROUGH USE. By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the Terms of Use”). If you do not agree to the Terms of Use, please do not use this site. We reserve the right, at our discretion, to update or revise the Terms of Use. Please check the Terms of Use periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes. For purposes of the Terms of Service, “we”, “our”, “us” and related pronouns shall refer to Mick Flannery and his management, Verge Management Ltd. Any omission from the Terms of Use is unintentional and inadvertent.

We make every effort to insure that your visit to our site is an enjoyable one, and that you will return to visit again and again. We are of the opinion that this site is suitable for all ages and contains no Content (as defined below) that is objectionable. In the event you disagree, then please do not revisit our site or link to it.

THIRD PARTY SITES. This site may link you to other sites on the Internet. While we take all steps to insure that links are free of what may be deemed inappropriate content, these sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by us or any association with our operators.

PROPRIETARY RIGHTS. You acknowledge and agree that all Content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by us in relation to our “original” Content and/or that which is deemed copyrightable by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or Content. Notwithstanding the above, you may print or download one copy of the materials or Content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other Content from this site to create, compile, directly or indirectly, a collection, compilation, database or directory without our written permission is prohibited. In addition, use of the Content or materials for any purpose not expressly permitted in the Terms of Use is prohibited. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without our express written permission. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please go to the Contact page on the website and in the drop down menu, choose the email option for website related comments.

USER’S GRANT OF LIMITED LICENSE. By posting or submitting Content to this site, you: (1) grant us and our affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the Content in any form, anywhere and for any purpose; and (2) warrant and represent that you own or otherwise control all of the rights to the Content and that public posting and use of your Content by us will not infringe or violate the rights of any third party.

Notwithstanding anything to the contrary herein contained, if you wish to submit photos to us for display, please go to the Contact page on the website and in the drop down menu, choose the email option for website related comments. In the subject line, write the word “PHOTOS”, and provide us with your name, contact information, credentials and if you are a professional photographer, url of your web page (if you have one) where we can view your work. We will reply to you as soon as possible.

You warrant and represent that any and all photographs submitted to us by you are your exclusive and original works and you are the copyright owner in and to said works, that your submission of photographs is your grant of permission to us to display said works. Any photographs submitted that we accept for display will be only for viewing enjoyment by the public and we make no grant of permission to any person or other entity to copy or make use of your photos elsewhere and in any other manner whatsoever without your express prior written consent as copyright owner. Wherever possible, copyright credit will be posted for each photographer submitting work. Except on display by you on your personal website as part of your portfolio of creative work, our acceptance of photos for display does not constitute permission to you or anyone affiliated with you to use or reproduce the likeness of Mick Flannery in any manner whatsoever without our express prior written consent.

Some of the photographic works displayed may be works by photographers hired by us and/or EMI Music Ireland and paid for by us and/or EMI Ireland and we may use these photographs in other means and in a manner previously agreed to between us and/or EMI Ireland and the photographer.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by email.  Please go to the Contact page on the website and in the drop down menu, choose the email option for website related comments. In the subject line, place the word “COPYRIGHT”.

DISCLAIMER OF WARRANTIES. We take all necessary steps to insure that all Content on this site is appropriate and free of any defects of any kind. However, all materials, information, software, products, and services included in or available through this site (the “Content”) are provided “as is” and “as available” for your use. The Content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We, our subsidiaries and our licensors, do not warrant that the Content is accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the Content is free of viruses or other harmful components. Your use of this site is solely at your risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

LIMITATION OF LIABILITY. Under no circumstances shall we, our subsidiaries or our licensors, be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use this site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law.

INDEMNIFICATION. Upon our request, you agree to defend, indemnify, and hold us harmless and our subsidiaries and other affiliates, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that may arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

PRIVACY POLICY. This Privacy Policy is very simple, as to the best of our knowledge and belief, we make no use of cookies or web beacons. Any personal information we may request you to provide in connection with submitting photographs or other materials for display on this website, any IP information that is logged as a result of the posting of commentary where permitted on this website, and the like, will not be shared with or sold to any third party whatsoever. We take every effort to preserve the privacy of our viewers and/or contributors. We reserve the right to update our Privacy Policy at any time we deem appropriate and will advise the public of any such changes should they occur.

INTERNATIONAL USE. We make no representation that materials on this site are appropriate or available for use in locations outside of the United States or Ireland, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

CHOICE OF LAW AND FORUM. These Terms of Use shall be governed by and construed in accordance with applicable U.S. State laws, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the State or federal courts applicable, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

SEVERABILITY AND INTEGRATION. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and us with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

TERMINATION. We reserve the right, in our sole discretion, to terminate your access to all or part of this site, with or without notice.