Terms and Conditions

This website is provided by the Arts Council of Ireland, An Chomhairle Ealaion, the Irish government agency for developing the arts ('the Arts Council'). The Arts Council works in partnership with artists, arts organisations, public policy makers and others to build a central place for the arts in Irish life. These terms & conditions of use as well as our privacy policy govern your use, and our provision, of the website www.publicart.ie (including without limitation, email and text services). Please read these terms & conditions of use carefully before using the website.  

By using the website, you agree to be bound by these terms & conditions of use and agree to abide by the obligations contained herein. The Arts Council reserves the right to amend or modify these terms & conditions of use without notice, at their sole discretion. You are responsible for regularly reviewing these terms & conditions of use for additional (and revised) terms posted on the website. Your continued use of the website after the modification or amendment of the terms & conditions of use will be deemed to be your acceptance and agreement to be bound by modified or amended terms & conditions of use. If you do not agree with these terms & conditions of use, you may not use the website.   

You may also be able to access websites provided by third parties through the website and the Arts Council is not responsible for such third parties. Please refer to the terms of service and privacy policy of the applicable third parties and raise any issues or disputes directly with that third party.  

Your responsibilities

If you submit any content to the website you agree to grant the Arts Council a perpetual, royalty-free, non-exclusive, sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, distribute, perform, play, broadcast, make available to the public the content. You declare that the content is your own original work and that you have the right to make it available to the Arts Council for the purposes specified above. By submitting content that belongs to third parties for the purposes of uploading onto the website, you are warranting that such content has been provided with their knowledge and consent. In addition, you declare that the content is not defamatory, obscene, infringe the intellectual property rights of third parties, or infringe any law and waive any and all moral rights in your content for the purposes specified above. If you do not want to grant the rights above to the Arts Council, please do not submit your content to the Arts Council. The Arts Council reserves the right to modify, alter or remove any content for whatever reason and without cause and/or notice including any content that is unlawful, unsuitable or unauthorised and if appropriate, to inform the relevant authorities or relevant third parties. The Arts Council also reserves the right to temporarily or permanently remove any content at any time and refuse any and all current or future use of the website (or any portion thereof) without cause and without notice. No failure to remove content constitutes an endorsement or acceptance of the content by the Arts Council.

You are responsible for your use of the website and all activities in your name. You may use the website for lawful purposes only. You may not copy, modify, transmit, display, distribute, perform, reproduce, licence, disseminate, transfer or publish any information, content, and software obtained from or relating to the website. You may also not engage in any conduct that: 

1.   Breaches the Arts Council's or any third party's intellectual property rights including but not limited to patent, copyright, topography rights, database rights, design rights (whether registerable or not), trade marks, trade secrets or know-how

2.   Is of a commercial nature

3.   Is unlawful, offensive, threatening, abusive, harassing, defamatory, libellous, deceptive or fraudulent

4.   Impersonates any person, company or entity, including the Arts Council, its employees and agents

5.   Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or equipment belonging to the Arts Council

6.   Constitute a criminal offence, or that gives rise to civil liability as well as encourage such conduct

7.   Violates these terms & conditions of use, our privacy policy or any policy posted on the website

8.   Interferes with the use and enjoyment of the website by others. 

You may not use the website in any manner that (or is likely to) damage, disable, overburden, or impair the servers or networks. You may not attempt to gain unauthorised access to the website, user accounts, computer systems or networks, through hacking, password mining or any other means. The Arts Council may take any remedy (including legal and technical) to prevent any breach or to enforce these terms & conditions of use.

Third parties

Any links to third party sites on the website are provided for informational purposes for your benefit. Third party sites are independent operations not under the control of the Arts Council. The Arts Council does not endorse or approve the content of any third party site and does not take any responsibility for the content or unavailability of third party sites. 

Limitation of liability

You understand and agree that the website is provided on an 'as is' basis. The Arts Council makes no representations or warranties of any kind, whether expressed or implied, as to the operation and use of the website, the information, content or materials included on or in the website. Use of the website is at your sole risk. To the fullest extent permitted by the applicable law, the Arts Council disclaims all warranties, expressed or implied as to goods and services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, the Arts Council makes no representation or warranties regarding the accuracy, reliability, completeness, currentness or time of the information, content or links provided on the website or on any other website accessed by hypertext link through this website. Also, the Arts Council does not warrant that the website shall be free from inaccuracies or typographical errors. 

The Arts Council expressly excludes any warranty, representation or undertaking that you will be able to access or use the website at times or locations of your choosing. The Arts Council does not warrant that the website will be free from any virus, worm, trojan horse or other program or device that is apparently intended to access and modify, delete or damage data files or computer programmes or that the website will be uninterrupted, secure or error-free. 

The Arts Council accepts no responsibility and is not liable for any loss or damage (including but not limited to consequential, special, direct, indirect or exemplary damages) nor for any loss of data, profit, revenue or business, howsoever caused, arising from the use of (or inability to use) the website or any other matter relating to the Website (including content), or for any inaccurate or misleading content and any reliance on same is at your own risk. The Arts Council reserves the right to alter the website in order to correct any misleading or inaccurate content contained therein but will not be liable for failure to do so.

The limitation of liability in these terms & conditions of use does not extend to fraudulent misrepresentation, death or personal injury caused by the Arts Council's negligence, for which the Arts Council's liability shall be unlimited. Your statutory rights are unaffected. 

You are responsible for obtaining access to the website, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the website.

Indemnification 

You agree to defend and indemnify the Arts Council against all liabilities, claims and expenses, including reasonable legal fees, that arise from any infringement of third party intellectual property or resulting from your use of the website or from any breach of these terms & conditions of use for which you are responsible. The Arts Council reserves the right, at its own expense and discretion, to assume the exclusive defence and control of any matter subject to indemnification by you.

Intellectual property

All intellectual property rights in and relating to the website including but not limited to trade marks, trade names, services marks, copyright, future copyright, registered or unregistered design rights or applications for an any of the foregoing; trade and/or business names; know-how; database rights and rights granted under licenses and consents; goodwill and reputation shall remain and are the sole property of the Arts Council. No attempt shall be made to copy, modify, transmit, display, distribute, reproduce, publish, broadcast, sell, create derivative works, make available, licence, disseminate or transfer such intellectual property.

Termination

The Arts Council reserves the right to suspend or withdraw the operation of the website at any time without notice.

Waiver

The failure of the Arts Council at any time to enforce any provision of these terms & conditions of use shall in no way affect its right thereafter to do so.  

Any waiver of the Arts Council of any breach of any term, provision or condition shall not be taken or held to be a waiver of any subsequent breach of any such term, provision or condition or be a waiver of the term, provision or condition itself. 

Agency

Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between the Arts Council and any user, third parties or other person or entity nor do these terms and conditions extend rights to any third party.

Governing Law

These terms & conditions of use shall be governed and construed under the laws of Ireland. The parties agree to submit to the exclusive jurisdiction of the courts of Ireland to settle any disputes which may arise in connection with these terms & conditions of use.

Entire agreement

This terms & conditions of use and any supplemental terms, policies, rules and guidelines posted on the website constitute the entire agreement between you and the Arts Council and supersede all previous written or oral agreements.

Severability

If any part, term or provision of these terms & conditions of use not being of a fundamental nature, is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, that provision shall be severed and the validity or unenforceability of the remainder of the parts, terms or provisions of the terms & conditions of use shall continue in full force and effect as if the terms & conditions of use had been executed with the invalid provisions eliminated.