Terms Of Service
Privacy Policy
End User License Agreement
Returns

KENNELLY ARCHIVE TERMS OF SERVICE

This Site (as defined below) is owned and operated by The Kennelly Foundation Ltd ("Kennelly Archive"). These terms of service (the "Terms of Service" or "TOS") apply to and govern the use of this Site and the Services (as defined below). Your use of the Site and/or any Service signifies your agreement to be bound by these Terms of Service, the Kennelly Archive End User License Agreement (the "EULA"), the Kennelly Archive Privacy Policy (the "Privacy Policy") and the Refunds Policy, which are each incorporated by reference. You agree to notify any employees, agents, household members or other individuals who will use the Site or Services of the terms and conditions of these TOS and they must agree to be bound by these TOS, prior to their use of the Site or Services.

1. DEFINED TERMS. For purposes of the TOS, the following defined terms shall have these meanings:

1.1. "Affiliated Entity" means Kennelly Archive and its funders, successors, holding company or companies, subsidiaries, affiliates, officers, directors, agents, contractors, joint venturers and professional advisors;

1.2. "Service(s)" means any and all services on or provided by or in connection with the Site, whether or not such services are also provided or delivered by other means or all media, now known or hereafter developed throughout the universe including, without limitation, on wireless devices;

1.3. "Site" means this website, including any and all human-perceivable audio and/or visual elements thereof, created or owned by Kennelly Archive or by a Kennelly Archive licensor, content provider or approved third party provider ("Third Party Provider"), or user generated content, whether or not commissioned by Kennelly Archive, including, without limitation, any text, graphics, images, illustrations, photographs, animations, applications, video, audio or audiovisual works, designs, logos, and other information and content made available through the Site, as well as all underlying technical elements of all of the foregoing, including without limitation, source code, script, object code, software, computer programs, and other sets of statements and instructions; and

1.4. "Submission(s)" means text, files, links, software, photographs, video, sound, music, feedback, comments, suggestions, or other information or material, including, without limitation, names or likenesses (all whether concerning you or a third party).

2. GRANT OF RIGHTS. Kennelly Archive grants you a non-exclusive, non-assignable, non-transferable, limited right and license to access, display, view, browse or download to temporary memory of the Site provided that you comply fully with these TOS. You may "cache" pages of the Site for the sole purpose of increasing the speed and efficiency at which you access the Site. Any other copy or use of a portion of the Site other than as expressly provided for herein is not authorized, will be a violation of these TOS and will constitute a copyright violation. You shall not interfere, or attempt to interfere, with the operation of the Site in any way through any means or device, including without limitation, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these TOS or by law.

Kennelly Archive does not transfer title of the Site content to you. You may own the medium to which your custom content is recorded, but Kennelly Archive and/or the Third Party Provider retain full and complete title to their respective Site content, and all intellectual property rights therein. You may not and agree not to redistribute, sell, decompile, reverse engineer, disassemble the Site.

3. CHANGES TO SITE AND/OR TERMS OF SERVICE. Kennelly Archive reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Site, the Services, the TOS, and/or the Privacy Policy, in whole or in part, at any time, with or without notice to you, prior or otherwise. Changes to the TOS and Privacy Policy will be effective when posted. You agree to review the TOS and Privacy Policy periodically to become aware of any changes. Your continued use of the Site after any changes to the TOS and/or Privacy Policy are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby. Kennelly Archive will provide prominent notice on the Site of any major changes to the TOS and/or the Privacy Policy.

4. CHANGES IN SITE OWNERSHIP. You will be deemed to have consented to the disclosure and use by, a subsequent owner or operator of the Site, of any information about you contained in the applicable Kennelly Archive database as set forth in the Privacy Policy, to the extent Kennelly Archive assigns its rights and obligations regarding such information in connection with a merger, acquisition, or sale of all or substantially all of Kennelly Archive's assets, or in connection with a merger, acquisition or sale of all or substantially all of the assets related to this particular Site to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, your continued use of the Site signifies your agreement to be bound by the terms of service and privacy policy of the Site's subsequent owner or operator.

5. OWNERSHIP OF TRADEMARKS, COPYRIGHTS, INTELLECTUAL PROPERTY. The Site and all copyrights, trademarks, service marks, trade names and all other intellectual property rights therein, are proprietary to Kennelly Archive and are owned by Kennelly Archive and/or its Third Party Providers, and are protected by applicable Irish and foreign copyright and other intellectual property laws. Except as expressly provided in the TOS, the EULA or as otherwise permitted in writing by Kennelly Archive, you shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part the Site or otherwise use the Site on any other website, other networked computer environment, or in any medium now known or hereafter developed, and you may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels on the Site or the Services (each, an "Unauthorised Use").

Any Unauthorised Use constitutes an infringement of the copyrights and other proprietary rights of Kennelly Archive and/or its Third Party Providers and constitutes a violation of these TOS. Any violation of copyright laws may subject you to severe penalties under domestic and foreign copyright laws, including without limitation the payment of damages and legal fees.

6. SERVICES AND RULES FOR USE. As a convenience to its visitors, Kennelly Archive may provide, from time to time and at its sole discretion, one or more Services, such as chat areas, message boards, e-mail functions, instant messaging service, file communities, polls, surveys, and other services. These Services are provided by Kennelly Archive to you and others subject to the TOS, the Guidelines set forth below, the Privacy Policy, and other rules that may be published from time to time (collectively, the "Rules") by Kennelly Archive. Kennelly Archive currently provides the Services free of charge to users who agree to be bound and abide by the Rules. Kennelly Archive reserves the right to change the nature of this relationship at any time.

7. REGISTRATION AND ACCEPTANCE OF RULES. In order to access some features of the Site and the Services, you may have to create or register for a user account. In consideration of your use of the Services, you agree to (i) comply with the Rules, (ii) provide accurate, complete and true information about yourself as may be required on any registration form for Services (your "Registration Information") in order to create your user account, and (iii) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate the Rules, or provide inaccurate, false, or non-current Registration Information may, at Kennelly Archive's sole discretion, have their user accounts suspended or terminated, and may be permanently banned from using any current or future Services.

As part of your user account, you will be responsible for creating, and maintaining the confidentiality of, your user name and password. We ask that you select a user name other than your real name or the real name of any other person. We also urge you to memorize your password or keep it in a secure place, away from the rest of your user account information, as sharing your password with others may lead to unauthorized access to your user account and the information therein. You agree that you will (i) immediately notify Kennelly Archive of any unauthorized use of your user account, and (ii) ensure that you properly exit all Services at the completion of your use session. You are solely responsible for the activity that occurs on your user account. Kennelly Archive shall have no liability for any loss or damage arising from your use of a user account, the Site or any Service, or your failure to comply with these requirements. Kennelly Archive will not be liable for any losses caused by any unauthorized use of your user account, but you may be liable for the losses of Kennelly Archive or others due to such unauthorized use.

8. GUIDELINES FOR USE OF THE SERVICES. You are entirely responsible and liable for all activities conducted by you, and/or any other user of your user account on the Site or of the Services, including the transmission, posting, or other provision of a Submission to any portion of Site or the Services. Listed below are some, though not all, violations that may result in Kennelly Archive terminating or suspending your user account and/or your access to the Site and Services and you agree not to take any of the following actions, or other such actions, while using the Site or any Services:

(a) Harass, threaten, embarrass or cause distress or discomfort to another Service participant, user, or other individual or entity; (b) Transmit, in connection with any Service, any Submission that Kennelly Archive, in its sole discretion, advises to be false, inaccurate, misleading, disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, vulgar, obscene, hateful, or racially or ethnically-motivated, or otherwise objectionable; (c) Distribute viruses or any other technologies that may harm the Site, the Service, or the interests or property of other users of the Site or Services and Affiliated Entities; (d) Harvest or otherwise collect information, including email addresses, about users or third parties whose information is made available on the Site, without their consent; (e) Use any robot, spider, scraper or other automated means to access the Site or the Services for any purpose without Kennelly Archive's express written permission; (f) Impersonate in any Service any person, including without limitation, a Kennelly Archive official or representative, chat or message board leader, guide or host; (g) Disrupt the normal flow of dialogue in a chat room or otherwise act in a manner that negatively affects other participants; (h) Post or transmit any unsolicited advertising or promotional materials, or any other forms of solicitation in the Services; (i) Intentionally or unintentionally violate any applicable local, state, national or international law, including without limitation, any regulations having the force of law while using or accessing any Services; (j) Submit material that is subject to intellectual property protection, including without limitation, copyright, trademark, or patent rights, or otherwise subject to third party proprietary rights, including, without limitation, privacy and publicity rights, unless you are the owner of such rights or have permission from the owner of such rights to post said material and to grant Kennelly Archive all of the license rights granted herein.

Notwithstanding anything to the contrary in this Agreement, in the event that Kennelly Archive determines that you have breached the TOS and/or the Privacy Policy, or that any part or portion of your Submission violates the TOS, Kennelly Archive will have the right to immediately remove such Submission, in whole or in part, and to temporarily suspend your user account, with or without notice to you. In the event of your repeated violation of the TOS and/or the Privacy Policy, Kennelly Archive will have the right to immediately and permanently terminate your user account, with or without notice to you. Notwithstanding the foregoing, in the event that Kennelly Archive, in its sole discretion, determines that your first violation is of a particularly offensive or serious nature, Kennelly Archive will have the right to immediately and permanently terminate your user account, with or without notice to you. Any user may report abuse of the Rules by contacting Kennelly Archive at the appropriate contact information on the Site.

9. LINKED SITES. Much of the information on the Site may be updated on a real-time basis and some may be licensed to Kennelly Archive by Third Party Providers. Kennelly Archive Sites and/or Services may furthermore frame, and/or contain links to or advertisements about, non-Kennelly Archive websites (the "Linked Sites"). The Linked Sites may also reference, advertise, or link to other sites or services not connected to Kennelly Archive. Kennelly Archive does not endorse or sponsor the Linked Sites and is not responsible for the content of such sites. Kennelly Archive expressly disclaims any statements or assertions made on all non-Kennelly Archive websites, and denies all liability associated with your use of, and the content on any Linked Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted on such other websites. Your dealings with third parties (including, without limitation, advertisers) on the Linked Sites and your participation in promotions, including the delivery of and the payment for completed transactions, and any other terms, conditions, warranties or representations associated with such dealings or promotions on the Linked Sites, are solely between you and the advertiser or other third party. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners.

10. DISPUTES WITH OTHER USERS. If you have a dispute with one or more users, you release Kennelly Archive and its Affiliated Entities from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown including without limitation legal fees, arising out of or in any way connected with such disputes.

11. INTERNATIONAL USE. Kennelly Archive makes no representation that the Site or any Services or images offered on the Site, and its copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the EEA. Those who choose to access the Site from locations outside of the EEA, do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

12. TERMINATION. You understand and agree that Kennelly Archive may, in its sole discretion and at any time, limit, suspend, or terminate your password, user account, or use of any Services, and discard and remove any and all Submissions submitted or posted by you to any Kennelly Archive Site or Service, for any reason. Kennelly Archive may also, in its sole discretion and at any time, discontinue any Site or Services or limit or restrict any user access thereto, for any reason. Kennelly Archive also reserves the right, in its sole discretion and at any time, to cancel unconfirmed accounts or accounts that have been inactive for an extended period of time. You understand and agree that Kennelly Archive may take any one or more of these actions without any notice to you, prior or otherwise. Should Kennelly Archive take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your user account, including your Registration Information and Submissions. You understand and agree that Kennelly Archive shall not have any liability to you or any other person for any termination of your access to any Services and/or the removal of information concerning your user account.

13. WARRANTY AND LIABILITY: The maximum liability of Kennelly Archive and its Affiliated Entity to you for your access of the Site shall be limited to €50. Liability with respect to purchase of a Product or Licensed Material (as those terms are defined in the EULA) is set out in the EULA. The limitation of liability for access of the Site, does not limit Kennelly Archive's and/or Affiliated Entities' liability to you for (i) death or personal injury (ii) fraud or fraudulent misrepresentation or (iii) for any matter for which it would be illegal for Kennelly Archive to exclude or attempt to exclude liability. Such exclusions do not effect any of your statutory rights.

Other than the areas of liability accepted by Kennelly Archive and Affiliated Entities in this TOS, the Site and the Service is provided "as is" and without any other warranty or condition, and Kennelly Archive and/or Affiliated Entities exclude all other warranties and conditions whether express or implied. Specifically Kennelly Archive and/or Affiliated Entities do not warrant that the availability of or the functions contained in the Site or the Services, will be uninterrupted or error-free, that defects will be corrected, or that this Site or the Services or the server that makes them available are free of viruses or other harmful components.

Under no circumstances, including without limitation, negligence, shall Kennelly Archive and/or its Affiliated Entities be liable for any, indirect or consequential losses or damages, from use of the Site, which are incurred as a side effect of the main loss or damage, including but not limited to:-

• loss of income or revenue;

• loss of business;

• loss of profits or contracts;

• loss of anticipated savings;

• loss of data; or

• waste of management or office time.

While Kennelly Archive and Affiliated Entities take precautions against security breaches, no website or internet transmission is completely secure, and as such, Kennelly Archive and/or Affiliated Entities shall not be liable for damages, costs or losses, that may result from interruption of communications or unauthorized access or hacking. Neither Kennelly Archive nor its Affiliated Entities warrant the accuracy or completeness of any information appearing on the Site neither does such information constitute a warranty or representation by Kennelly Archive and/or its Affiliated Entities to you.

14. OTHER

14.1. GOVERNING LAW. These Terms of Service shall be governed by and construed in accordance with the laws of Ireland. You irrevocably consent to and submit to the exclusive jurisdiction and venue of the courts of Ireland and waive any objection or defense based on lack of personal jurisdiction, improper venue, or forum non conveniens.

14.2. ARBITRATION. Except for the right of either party to seek an injunction or other equitable relief in any court of competent jurisdiction to maintain the status quo or prevent irreparable harm, the parties hereto agree to enter into good faith negotiations to resolve any dispute, claim or controversy at law or equity that arises out of or is related to use of the Site and/or any of the Services, or the contents of the TOS or the Privacy Policy (each, a "Claim"), for a period of thirty (30) days from the date the Claim arose. If such negotiation is unsuccessful, Kennelly Archive shall have the right, but not the obligation to refer any Claim to arbitration under the Arbitration Rules of the Chartered Institute of Arbitrators - Irish Branch and you shall be obliged to submit your Claim to such arbitration. Kennelly Archive shall notify you within a reasonable time from the expiry of the above mentioned 30 day period as to whether or not it shall require you to submit your Claim to arbitration.

All Claims you bring against Kennelly Archive must be resolved in accordance with this section. All Claims filed or brought contrary to this section shall be considered improperly filed. Should you file a Claim contrary to this section, Kennelly Archive may recover reasonable legal fees and costs, provided that Kennelly Archive has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim within thirty (30) days of such notice.

Any failure to act by Kennelly Archive with respect to a breach by you or others does not waive Kennelly Archive's right to act with respect to subsequent or similar breaches.

14.3. SEVERABILITY. If any provision of the TOS shall be held unlawful, void, invalid, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

14.4. COMPLIANCE WITH LAWS. You agree to comply with all applicable laws, rules and regulations in connection with your activities under the Rules.

14.5. MISCELLANEOUS. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kennelly Archive as a result of these TOS or your use of the Site and/or any of the Services. These TOS are subject to existing laws and legal process, and nothing contained in these TOS is in derogation of any obligation on the part of Kennelly Archive to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site and/or any of the Services or information provided to or gathered by us with respect to such use.

14.6. ENTIRE AGREEMENT. These TOS, together with the Privacy Policy, the refunds policy and EULA set forth the entire understanding and agreement between you and Kennelly Archive with respect to the subject matter of these TOS.

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KENNELLY ARCHIVE PRIVACY POLICY

This website (the "Site") is operated by The Kennelly Foundation Ltd ("Kennelly Archive"). This privacy policy ("Privacy Policy") applies to information that you provide to Kennelly Archive via this Site, and/or by use of the services offered from the Site (collectively, the "Services"). This Privacy Policy should be read in conjunction with the terms of service related to this Site (the "TOS") along with the terms set out in the End User License Agreement (the "EULA") and the refunds policy. This Privacy Policy outlines Kennelly Archive's information management practices, including the types of user information gathered, how it is used and safeguarded, and the degree to which you may control the maintenance and sharing of your information. Your use of any Kennelly Archive Site or Services constitutes acceptance of this Privacy Policy and any other applicable terms, including the TOS, which incorporates this Privacy Policy by reference.

1. Cookies and Related Technology. The Site and some Services, and advertisements contained therein may contain "cookies," clear gifs (also known as web beacons or web bugs), or similar technology. A cookie is a piece of data that is sent to your Internet browser, which will store the cookie on your computer if your browser is enabled to accept cookies, that helps a server identify and provide information about a browser when it's used to visit a website. We may also use cookies to better understand how our visitors use the Site and the Services and to continue to improve our services. Web beacons assist in the delivery of cookies and the collection of non-personally identifiable information, such as "click path" and other data as described above.

Most Internet browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. You should refer to your browser instructions or "Help" screen to learn more about how to manage cookies. Please note, however, that if you block cookies, some portions of the Site and the Services may not function properly.

Kennelly Archive sites may frame, and/or contain links to, or advertisements about, non-Kennelly Archive websites. Other sites may also reference, advertise, or link to Kennelly Archive sites. Kennelly Archive does not control cookies in third party ads, and visitors are encouraged to check the privacy policies of advertisers and/or ad services to learn about their use of cookies and other technology. Any ads appearing on the Site and in the Services may be delivered to you by third-party advertising companies. Kennelly Archive's Privacy Policy does not cover the use of information collected from you by third party ad servers. These companies may use information (not including your name, address, e-mail address or telephone number) about your visits to this and other websites in order to provide advertisements on this Site and other sites about goods and services that may be of interest to you. Kennelly Archive does not endorse or sponsor other websites, is not responsible for the privacy practices or the content of non-Kennelly Archive sites, expressly disclaims any statements or assertions made on such websites, and denies all liability associated with your use of, and the content on, such other sites and advertisements. Please review the privacy policies and terms of service for these third-party companies.

2. No Spam, Spyware or Spoofing. We do not tolerate spam. You are not licensed or otherwise permitted to add other users on the Site and the Services to your mailing list (email or physical mail, or any other medium) without their explicit consent. To report spam or spoof emails to Kennelly Archive, please forward the email to [email protected] You may not use our communication tools to send spam or otherwise send content that would violate the TOS.

3. Non-Personally Identifiable Information That We Collect. Kennelly Archive may automatically collect certain non-personally identifiable information about your use of the Site and the Services. Kennelly Archive might collect, among other things, information concerning the date, time and length of your visit and the type of Internet browser or computer operating system you are using, the domain name of your Internet service provider, your "click path" through the Site or "click-through" from an e-mail, the website or advertisement that was linked to or from the Site when you visited, and your IP address. If you are using our wireless Services, we may also automatically collect information such as the type of wireless device you are using, your mobile identification number (assigned by your telecommunications carrier) and telecommunications carrier. Your use of the Site and the Services, and information provided through these technologies, will be anonymous unless you provide us with personally identifiable information or have provided such information in the past.

4. Personally Identifiable Information That We Collect. Kennelly Archive respects your privacy and is committed to protecting personally identifiable information that you provide in connection with your use of the Site and the Services.

4.1. User Accounts. In order to use certain features on the Site, you may need to register and create a user account ("User Account"). There is no charge to create a User Account. During the registration process, you will be required to choose a user name, screen name, or member name (each, a "User Name") and password. Please do not use your real name or the real name of another person when selecting a User Name.

You will also be asked to provide certain personally identifiable information and other information about yourself, such as your first and last name, date of birth, address, telephone number, and e-mail address. Once you give us your personal information, you are no longer anonymous to us. By providing us with personal information, you consent to our collection and storage of your information. We may collect and store the following personal information:

• financial, billing and transactional information, such as credit card or bank account numbers, used in connection with any transactions or other activities on the Site or the Services;

• user feedback, chats, correspondence through our Site and the Services, and correspondence sent to us;

• other supplemental information from third parties (for example, if you incur a debt to Kennelly Archive, we may conduct a credit check by obtaining additional information about you from a credit bureau, as permitted by law; or if the information you provide cannot be verified, we may ask you to send us additional information confirming your address, or to answer additional questions online to help verify your information).

Your User Name will be publicly available on the Internet while you participate in some Services, like chat rooms or message boards, so you should exercise discretion when using these Services. This Privacy Policy does not apply to any information you may disclose publicly in such Services. You are also responsible for maintaining and updating the registration information in your User Account with current and complete information. You may access, edit or remove your Profile by signing in to your User Account and following the directions there. You can also send an e-mail to [email protected] to request deactivation of your User Account.

4.2. Special Promotions and Purchases. To participate in some Services such as special offers or surveys ("Special Promotions"), or to make online purchases ("Purchases"), you will need to provide personally identifiable information, such as your name, mailing address, e-mail address, phone number, and date of birth. Your information may be collected by Kennelly Archive or by a third party, such as a co-sponsor or a vendor or affiliate involved in, or providing services in connection with, a Special Promotion, or an e-commerce partner in the case of a Purchase.

If you make a Purchase or partake in another Special Promotion on our Site or through our Services, Kennelly Archive will collect your personally identifiable information, and you are deemed to consent to us providing your information to third parties who provide certain services such as processing of credit card transactions, customer service, promotion or sweepstakes administration, order fulfillment and/or prize delivery, as applicable. (As more fully described below in Use, Disclosure, and Sharing of Information (see below), these third parties are prohibited from using this information for their own marketing purposes and/or from sharing, selling, or otherwise distributing any personal data of customers, unless you choose to opt in for such additional uses and/or disclosure by the third parties, under their respective privacy policies).

If you make a purchase or enter a promotion (such as a sweepstakes) in which Kennelly Archive is participating on a third party's website (or through some other means or medium), we will collect your information from the third party only if you opt-in to receive additional communications from us, or we are required to fulfill some function in relation to your activity (e.g., to send your order or deliver a prize).

4.3. Information Collected by Other Means or Media. In some situations, we may also collect personally identifiable information and other information about you through other means, directly or indirectly. For example, if you access any Kennelly Archive content, or purchase such content via your wireless carrier or through another third party, Kennelly Archive may collect information directly from you or through the third party. Likewise, if you use our software, or provide information to other companies who share information about their customers, we may collect additional information about you. In each of these cases, Kennelly Archive will apply this policy to any personally identifiable information.

4.4. Customer Service. Some Services may offer support and technical assistance through customer service centers via telephone, online chat, or e-mail. Whenever you communicate with customer service, you do so with the understanding that an operator may view and make changes to the information in your User Account in order to provide the assistance that you need.

5. Our Policy Toward Children. This Site is not directed to children under 18 years of age. We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian who has discovered that your child under the age of 13 has submitted his or her personally identifiable information without your permission or consent, Kennelly Archive will make reasonable efforts to remove the information from its user database and/or other lists, at your request. To request the removal of your child's information, please send an e-mail to [email protected]yarchive.com and be sure to include in your message the same User Name and password and/or e-mail address that your child submitted. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.

6. Use, Disclosure, and Sharing of Information.

6.1. Non-Personally Identifiable Information. From time to time, Kennelly Archive may use and share with third parties aggregate, non-personally identifiable user information to show general demographic and preference information among users of the Site and the Services.

6.2. Personally Identifiable Information. Kennelly Archive uses information about you to deliver the Services that you request, to keep you informed about changes affecting the Site and the Services or your account. We will inform you by post or telephone of offers in which you might be interested, to improve and enhance the Site and the Services, to prevent potentially prohibited or illegal activities, and to enforce our TOS. If you do not wish to be informed of such matters by post or telephone, please contact us at [email protected] We will also inform you of such matters by email, if you have opted in to accept marketing or other information by email. If you provide Kennelly Archive with personally identifiable information, we will take all reasonable and appropriate steps to protect it from unauthorized disclosure.

If you opt in to receive e-mail from us, you can always opt out of future marketing messages by following the directions in each message to "unsubscribe." However, if you choose to opt out of marketing messages, we reserve the right to contact you regarding your account status, technical support, service and/or product information, changes to account terms, and any other matter that might affect our service to you and/or any products you purchased from us or registered with us, as applicable.

Kennelly Archive and its affiliates may work together in order to provide portions of the Site and some Services (e.g., to fulfill prizes won in a sweepstakes, or to provide other support for a Service). Kennelly Archive and its affiliates will handle your personally identifiable information in accordance with this Privacy Policy.

As stated above, Kennelly Archive may also work with third parties in connection with the Site and the Services and you are deemed to consent to us sharing your information with such third parties who provide services to Kennelly Archive, such as processing of credit card transactions, customer service, promotion administration, order fulfillment and/or prize delivery, as applicable. Third parties who provide, or participate in Services on the Site are prohibited from using our customers' personally identifiable information for marketing purposes and/or from sharing, selling, or otherwise using such information, unless you choose to opt in to marketing, sharing, or other uses by the third parties. If you do not want your information to be used for marketing (or other purposes unrelated to the provision of Kennelly Archive Services) by a third party who participates in a Service on our Site, do not opt in to such use by that third party when you register to participate in the Service.

Please note that whenever you opt in to receive future communications from a third party, your information will be subject to the third party's privacy policy. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, as we have no control over how third parties use information. You should always review the privacy policy of any party that collects your information to determine how that entity will handle your information.

Kennelly Archive will not share, sell, rent, or disclose any personally identifiable information that we have collected except as stated herein, or in the following instances: (1) we have been given your consent to disclose; (2) we have previously informed you of the disclosure, including by means of our Privacy Policy or on Site, or through the Service where you provided your information; (3) we are required by law, legal process, or court order to disclose; (4) disclosure is necessary to identify, contact, or bring legal action against someone who may cause or be causing harm to, or interference with, Kennelly Archive's rights or property, other Kennelly Archive website users, or anyone else; or (5) to respond to an inquiry, request or complaint that you have made. Kennelly Archive may also use IP addresses in cooperation with Internet service providers to identify users if we deem it necessary to comply with law, to enforce compliance with this Privacy Policy or our TOS, or to protect our sites, customers, or others.

Kennelly Archive reserves the right to retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce the TOS, and take other actions otherwise permitted by law.

6.3. User Disclosure of Information on the Site and the Services. The Site and the Services may enable you to share or otherwise disclosure personal information. This Privacy Policy addresses only the use and disclosure of information Kennelly Archive collects from you, except as otherwise expressly indicated. Different rules may apply to the use or disclosure of your personal information, if you disclose such information to others on the Site or the Service or on other sites throughout the Internet. We do not have the ability, nor will we attempt to control the privacy policies of third parties. You are subject to the privacy policies of those third parties, where applicable.

7. Our Commitment to Data Security. While Kennelly Archive takes reasonable and appropriate precautions to protect your personally identifiable information from unauthorized disclosure and to prevent possible security breaches in our websites, Services, and customer databases, no website, Internet transmission, computer system, or wireless connection is completely secure. Consequently Kennelly Archive cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of the Kennelly Archive sites and Services is at your own risk. Kennelly Archive urges you to take steps to keep your information safe by memorizing your password or keeping it in a safe place (separate from your account information), logging out of your User Account, and closing your Web browser.

Whenever you give Kennelly Archive sensitive or confidential information (for example, credit card numbers for Purchases), Kennelly Archive will take commercially reasonable steps to protect the information by establishing a secure connection with your Web browser. Kennelly Archive employs a security technology known as a secure-socket-layer ("SSL") to protect the transmission of payment information to the site. Unless otherwise specified herein or on the site where you make a Purchase, credit card numbers are used only for payment processing and are not retained for marketing purposes.

8. Consent to Processing outside of the EEA. We may host the Site on servers outside of the EEA (that is countries of the EU and Iceland, Norway and Lichtenstein) or otherwise transfer your personal information outside of the EEA. You hereby unambiguously consent to such transfer and to the collection, storage, and processing of such information outside the EEA.

9. Contact Us Regarding Privacy. Kennelly Archive is dedicated to protecting your personally identifiable information and welcomes comments and questions on this Privacy Policy. You may e-mail your questions or comments to: [email protected]

10. Notification of Changes. Kennelly Archive reserves the right to change this Privacy Policy and its TOS at any time. In case of any material change to the Privacy Policy, we will replace the "Privacy Policy" link on the home page of our sites with a link entitled "Updated Privacy Policy" for no less than thirty (30) days. All changes to the Privacy Policy and/or TOS will be effective when posted, and your continued use of any Kennelly Archive site or Service after the posting will constitute acceptance of, and agreement to be bound by, those changes.

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KENNELLY ARCHIVE END USER LICENSE AGREEMENT

This End User License Agreement ("EULA") is a legal agreement between you ("you") and The Kennelly Foundation Ltd ("Kennelly Archive", "we") that describes the terms and conditions applicable to your purchase of and our license to you of Licensed Material (as defined below) from this website (the "Site") and/or the purchase of the publication entitled the "Kennelly Archive" or any other product available from the Site (the "Product"). This EULA shall be read in conjunction with and is additional to, the terms of service relating to the use of this Site (the "TOS"), the refunds policy and the privacy policy available from this Site (the "Privacy Policy").

By clicking "I ACCEPT", you indicate that you have read and understood and assent to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you are not granted any rights whatsoever in the Site or the Licensed Material, and you will not be able to access or use the service from the Site or the purchase of Licensed Materials and/or Product (the "Service").

For the purposes of these terms "Licensed Material" means any of the following items which appear on the Site and/or are licensed to you, under the terms of this EULA, namely, any still, image, film or video footage, audio product, visual representation generated optically, electronically, digitally or by any other means, including any negatives, transparencies, film imprints, prints, original digital files or any other product protected by copyright, trademark, patent or other intellectual property rights (which includes all of the previously mentioned stills, images, films etc, which may be licensed to Kennelly Archive, by a third party provider ("Third Party Provider")). For the avoidance of doubt, a reference to the licensing and/or delivery to you of Licensed Material, shall mean the licensing and/or delivery to you of a reproduction of the Licensed Material and other than to the extent of such license, that license does not grant you any rights to the originals or negatives of such Licensed Material.

1. Ownership of Rights and Copyright Infringement. Kennelly Archive owns or has the right to use and license the copyrights and all other proprietary rights in the Licensed Material and the Product on and available for purchase/license from the Site. Any use of Licensed Material and/or the Product in a manner not expressly authorized by this EULA or in breach of a term of this EULA constitutes copyright infringement, entitling Kennelly Archive and/or Third Party Provider to exercise all rights and remedies available to it under copyright laws around the world. You shall be responsible for any damages resulting from any such copyright infringement, including any claims by a Third Party Provider.

2. Purchase of Licensed Material: You may purchase Licensed Material and/or the Product from the Site which may be delivered in a physical format to the delivery address that you provide or in the case of Licensed Material may be delivered electronically by download from the Site. The fees/price for the Licensed Material and/or the Product are set out on the Site and in the case of the Licensed Material shall be included within an invoice ("Invoice") which in addition to this EULA shall specify the nature of your use of the Licensed Material. All prices quoted are exclusive of VAT and delivery charges which are additional and shall be specified on the Invoice or otherwise notified to you on purchase of the Product/license of Licensed Material.

3. Grant of Rights. Kennelly Archive grants you the non-exclusive, non-assignable, and non-transferable right to make Authorized Use (as defined below) of the Licensed Material which may include if applicable the right to create the proposed end product or service incorporating the whole or a part of the Licensed Material (the "End Product"). This right may be exercised by your subcontractors for the preparation of your End Product(s), provided that such subcontractors agree to abide by the terms of this EULA. You may license and/or transfer ownership of any End Product(s) (but not any Licensed Material contained therein) only as part of any distribution process as may be necessary or appropriate for the intended use specified in the Invoice. Kennelly Archive reserves all rights not expressly granted in this EULA. Except as expressly provided, this EULA does not transfer any right, title, or interest in the Licensed Materials, the Site or its components to you.

4. Authorized Use. The term "Authorized Use", as used in this EULA, shall mean the use, reproduction or the publication of the whole or a part of the Licensed Material, as identified in the Invoice which may include the incorporation of the Licensed Material in the End Products. Authorised Use may be limited by geography, media usage and time. Licensed Material may be cropped provided that the editorial integrity of the Licensed Material is not compromised. Other than the cropping of images (and except in instances where Licensed Material is provided by physical delivery) Licensed Materials may not otherwise be rotated, altered, changed or tampered with, either manually or electronically, without Kennelly Archive's prior written permission. Any additional terms set out in the Invoice shall be incorporated into this EULA and all references to the EULA shall include the Invoice and the additional licensing terms that may be referred to in the Invoice.

5. Image Credit. Unless otherwise provided, the use of Licensed Material must include the following Image credit line adjacent to the Licensed Material: [Kennelly Archive]. Failure to provide the credit shall result in an additional fee of one licensing cost.

6. Additional Terms Related to Physical Delivery:

The following terms apply in addition to the other terms herein, where Licensed Material and/or the Product is provided to you by means of physical delivery.

Delivery

Your order will be fulfilled by the delivery date set out in the Invoice or otherwise set out in a delivery statement and if no delivery date is specified within a reasonable time of the date of the Invoice or date of purchase unless there are exceptional circumstances.

Refunds and Cancellation

Our refunds policy is set out in the Refunds Policy available from the Site. This policy applies to all purchases from the Site

In addition to our refunds policy, if you are dealing with Kennelly Archive as a consumer, then you have the right to cancel the purchase of the Product, within a period of seven working days beginning on the day after the receipt of the Product. To cancel you must inform us in writing. You must also return the Product in the same condition in which you received it and at your own cost and risk. You have a legal obligation to take reasonable care of the Product while in your possession. If you fail to comply with this obligation, Kennelly Archive may have a right of action against you for compensation. If you cancel we will process the refund due to you as soon as we receive from you the Product in saleable condition. We shall refund the price paid by you in full including delivery costs paid by you. With respect to delivery of Licensed Materially electronically you note that you have agreed to the provision of that service prior the end of the cancellation period and so cancellation rights do not apply in that instance or where Licensed Materials have been modified or customized by Kennelly Archive at your request.

Risk and Title

Licensed Material and or the Product will be at your risk from the time of receipt by you. Title to the Licensed Material and/or the Product shall only pass to you when Kennelly Archive receive payment in full of all sums due in respect of the Licensed Material and/or the Product.

7. Information and Releases. While efforts have been made to correctly caption the subject matter of, and to provide other information (including metadata) related to, the Licensed Material, Kennelly Archive makes no warranties as to the accuracy of such information. You acknowledge that releases have not been obtained for the Licensed Material. Some jurisdictions provide legal protection against a person's image, likeness or property being used for commercial purposes when they have not provided a release.

Kennelly Archive has not obtained the permission/releases of any person appearing in any of the Licensed Materials and/or Product unless we specifically notify you otherwise. You shall be solely responsible for determining whether release(s) is/are required in connection with any proposed use of Licensed Material, and you shall be responsible for obtaining such release(s).

8. Restrictions. You agree not to: (a) make the Licensed Material available in any medium in a manner intended to allow or invite a third party to download, extract or access the Licensed Material as a standalone file; (b) incorporate the Licensed Material into a logo, corporate ID, trademark or service mark, without obtaining our prior written consent; (c) directly or indirectly reproduce or redistribute the End Product(s) in any secondary reproductions, such as compilations, screen shots, in-context promotions or on file-sharing or social networking websites such as YouTube, Facebook, MySpace, Bebo, etc; (d) claim any rights, title or interest in the Service or the Licensed Material; (e) use the Licensed Material in any pornographic, defamatory or otherwise unlawful manner; and (f) use any Licensed Material featuring a person in a manner that would be unflattering or unduly controversial to a reasonable person.

9. Termination. Kennelly Archive reserves the right to terminate this EULA upon breach. In the event of termination, you will be required to immediately cease all use of the Service and any Licensed Material provided to you.

10. Warranty and Liability. Kennelly Archive warrants to you (i) that any of the Licensed Materials and/or the Product purchased from Kennelly Archive through the Site is of satisfactory quality and reasonably fit for purpose for which products of the kind are commonly supplied (ii) it has the necessary rights and authority to enter into and perform this EULA; (iii) your use of the Licensed Material and/or the Product in accordance with the terms of the EULA (which includes any Invoice terms) and in the form delivered by Kennelly Archive (ie excluding any modifications, overlays or re-focusing by you) will not infringe any copyright of any person or entity.

The maximum liability of Kennelly Archive and its Affiliated Entity (as that term is defined in the TOS) to you shall be limited to the price paid by you for the Product or the Licensed Material. This does not limit Kennelly Archive's and/or Affiliated Entities' liability to you for (i) your liability due to proven losses arising from a claim by a third party that your use of the Licensed Materials in compliance with this EULA is a breach of copyright (the "Claim") (ii) death or personal injury (iii) fraud or fraudulent misrepresentation or (iv) for any matter for which it would be illegal for Kennelly Archive to exclude or attempt to exclude liability. Such exclusions do not effect any of your statutory rights. Kennelly Archive and/or Affiliated Entities shall only be liable to you for copyright infringement where you notify Kennelly Archive in writing of the Claim within 180 days of the date on which you were notified or ought to be aware of the Claim.

Other than the areas of liability accepted by Kennelly Archive and Affiliated Entities in this EULA, Kennelly Archive and/or Affiliated Entities exclude all other warranties and conditions whether express or implied. Specifically Kennelly Archive and/or Affiliated Entities do not warrant that it has obtained the permission of any person appearing in the Licensed Materials and/or Product, relating to the use of their name, image, likeness, trade mark, trade dress or otherwise nor has Kennelly Archive obtained any permission for the inclusion of any trademarks, trade dress, logos, works protected by copyright (such as works of art or architecture) registered or unregistered designs depicted or included within any Licensed Material and/or Product. Kennelly Archive accepts no liability whatsoever, for any liability or any loss suffered, howsoever arising related to the fact that it has not obtained such permissions or that such permissions do not exist. Further, Kennelly Archive and/or Affiliated Entities do not warrant the availability of or the functions contained in the Site, the Services or the Licensed Material, will be uninterrupted or error-free, that defects will be corrected, or that this Site, the Services, the Licensed Material or the server that makes them available are free of viruses or other harmful components.

Under no circumstances, including without limitation, negligence, shall Kennelly Archive and/or its Affiliated Entities be liable for any, indirect or consequential losses or damages, from use of the Licensed Materials or the Product, which are incurred as a side effect of the main loss or damage, including but not limited to:-

• loss of income or revenue;

• loss of business;

• loss of profits or contracts;

• loss of anticipated savings;

• loss of data; or

• waste of management or office time.

While Kennelly Archive and Affiliated Entities take precautions against security breaches, no website or internet transmission is completely secure, and as such, Kennelly Archive and/or Affiliated Entities shall not be liable for damages, costs or losses, that may result from interruption of communications or unauthorized access or hacking.

11. Changes to the Site/EULA. Kennelly Archive reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Site, the Services or this EULA in whole or in part, at any time, with or without notice to you, prior or otherwise. Changes to the EULA will be effective when posted. You agree to review the EULA periodically to become aware of any changes. Your continued use of the Site after any changes to the EULA are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby. Kennelly Archive will provide prominent notice on the Site of any major changes to the EULA.

12. General.

12.1. Taxes. All fees payable under this agreement are exclusive of any applicable taxes.

12.2. Severability. If any of the provisions of this EULA are held illegal, inapplicable or non-executable, such provisions shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and remain enforceable.

12.3. Governing Law. This EULA shall be governed by and construed in accordance with the laws of the Ireland. Each of the parties irrevocably consents to and submits to the exclusive jurisdiction and venue of the courts of Ireland and waives any objection or defense based on lack of personal jurisdiction, improper venue, or forum non conveniens.

1.1. Arbitration. Except for the right of either party to seek an injunction or other equitable relief in any court of competent jurisdiction to maintain the status quo or prevent irreparable harm, the parties hereto agree to enter into good faith negotiations to resolve any dispute, claim or controversy at law or equity that arises out of or is related to use of the Site and/or any of the Services, or the contents of the EULA (each, a "Claim"), for a period of thirty (30) days from the date the Claim arose. If such negotiation is unsuccessful, Kennelly Archive shall have the right, but not the obligation to refer any Claim to arbitration under the Arbitration Rules of the Chartered Institute of Arbitrators - Irish Branch and you shall be obliged to submit your Claim to such arbitration. Kennelly Archive shall notify you within a reasonable time from the expiry of the above mentioned 30 day period as to whether or not it shall require you to submit your Claim to arbitration.

All Claims you bring against Kennelly Archive must be resolved in accordance with this section. All Claims filed or brought contrary to this section shall be considered improperly filed. Should you file a Claim contrary to this section, Kennelly Archive may recover reasonable legal fees and costs, provided that Kennelly Archive has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim within thirty (30) days of such notice.

12.4. Legal Information. The Kennelly Archive Foundation Ltd of Bank House, Lower Bridge St, Killorglin, Co Kerry, Ireland is a private company, registered in Ireland with CRN 473759 and email address of [email protected] You may request an alternative form of rapid and effective communication other than by e-mail.

12.5. Relationship. The relationship between the parties is as set out in the EULA and no employment, joint venture, partnership or agency relationship shall be deemed to subsist between the parties and neither shall have the power to bind the other except as in this EULA.

12.6. Binding Agreement; This EULA is binding upon the parties hereto, their heirs, successors, permitted licensees and assigns, and personal representatives.

12.7. Entire Agreement. This EULA, together with the TOS, the refunds policy and Privacy Policy contains the entire agreement between the parties in relation to the subject matter hereof and supersedes all pervious negotiations, representations, undertakings and agreements both written and oral made between the parties with respect to the subject matter hereof.

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Returns

Kennelly Foundation Ltd. is committed to quality products and your satisfaction is 100% guaranteed! If for any reason you are not completely satisfied with your purchase, you may return it within 30 Days of receipt and receive a free replacement or full refund (less Shipping, Processing and Re-Stocking Costs). Return Instructions: Prior to returning any item(s) to Kennelly Foundation Ltd., you must receive authorization from our Customer Service Department. To request authorization please send e-mail to: [email protected] with the following details:

1. Order #, First & Last Name

2. Item #(s) you want to return

3. Specify reason for return: damaged, received incorrect item or size, received duplicate item, quality of item not as expected, etc.

4. Specify what action you would like us to take for you: Replacement or Refund?

5. Wait for our Customer Service team to e-mail you with your Return Authorization & Instructions.

Once we have received your returned item(s), we will notify you via e-mail of your refund. You can expect a refund in the same form of payment originally used for purchase within 14 business days of our receiving your return. To return your item(s) please pack them in the original tube or box and include the completed Return Instructions form which you will find on the back of the Packing List included with your order. Be sure to specify the reason for the return, and what action you would like us to take: Replacement or Refund. Please ensure that the original packing slip is returned with the item(s), so we can process your return in a timely manner. If your return is not due to our error, we will deduct the shipping costs from your refund. If you used a gift certificate to pay for all or part of an item you want to return, that part of your refund will be issued as a new gift certificate reflecting a new total so you may use that balance on a future purchase. Please note, the original expiration date will still apply. Should you return an order that was placed using a promotional coupon, you will not be refunded for the amount of the coupon, as these discounts were deducted from the original purchase amount.

You must return the item(s) in the same condition in which you received it at your own cost and risk. You have a legal obligation to take reasonable care of the item(s) while in your possession. If you fail to comply with this obligation, Kennelly may have a right of action against you for compensation.

Tracking your Return Shipment: When you ship your return order, the carrier will give you an order tracking number if tracking service is available. We use multiple carriers and services to ship our products. Should you have any questions regarding your shipment, please contact the carrier for assistance:

Ireland Domestic Shipping:

Head Office Nightline Unit 5 Mygan Park Jamestown Road Finglas East Dublin 11 Lo Call 1890 321 890 Email [email protected]

Customer Service Phone +353 (0)1 883 5400 Fax +353 (0)1 850 4910

1953-1973 © The Kennelly Foundation Ltd, All Rights Reserved | Terms & Conditions