Effective 01 June 2007

The Company

getthecraic.com (hereinafter ‘the Website’) is operated by Digital Audio Productions Ltd a company registered in Ireland No 380006 whose registered address is 7/8 Upper Mount Street, Dublin 2 (hereinafter ‘the Company’, ‘we’, ‘our’, ‘us’) for the purpose of distributing radio programme ‘The Craic’ (hereinafter ‘the Programme’) via downloadable mp3 audio file(s).

Usage

Your access to the Website is intended for a single person only and may not be passed onto any third parties or shared with any other person. You may only create links to the homepage at http://www.getthecraic.com.

You are granted a non-exclusive licence to download and then listen to the file(s) on the computer the file is transmitted to and further copy the files to a device such as an mp3 player or other personal computer provided any such use or copy is solely for your own personal use and enjoyment. No other usage or copying rights are granted under this agreement and the file(s) may not be broadcast copied distributed sampled publicly performed or used in any other capacity whatsoever. Further, no transcript of the recordings may be made or copied.

Dispute Resolution

In the unlikely event you are dissatisfied or are experiencing a problem with the service contact us by emailing customerservice@getthecraic.com or calling the nearest customer service telephone number listed in the ‘About Us’ section clearly detailed on the Website where we endeavour to assist you as expediently as possible.

If you feel the problem has not been rectified satisfactorily send a formal complaint in writing by emailing customerservice@getthecraic.com where we will reply with a formal response within five working days.

You agree that except as provided herein, no civil action with respect to any dispute, claim or controversy arising out of or relating to these terms and conditions may be commenced.

Data Protection

When you provide personal information to us at our request we undertake not to disclose it to any third party without your agreement. We may from time to time forward information to you which we consider may be of interest to you but you may at any time decline to receive further messages. The information you provide to us at our request will be kept confidential.

Copyright

The Trademarks used and displayed on this site are registered (and unregistered) trademarks of Digital Audio Productions Ltd and/or its suppliers and may not be used for any advertising or other publicity materials without the prior written consent of the Company.

All files downloaded from the Website remain the copyright of the Company. The literary, artistic and/or musical copyright in the materials on the site and files, graphics, devices, code, links and all other aspects of it are either owned by us or by a third party that has licensed us. All database rights in such materials for their selection or arrangement belongs to us. Any unauthorised use of any material on the site will breach copyright laws and may also breach trademark laws and the laws of privacy.

You warrant that you will not cause or permit anything to be done that may infringe or damage any intellectual property rights of the Company and/or its suppliers in relation to the material.

Copyright in Programme(s) remains solely and exclusively at all times with Company and to the best of the Company’s knowledge and belief shall not infringe upon or violate the copyright or right of privacy of any person firm or corporation nor constitute a libel or slander against or violate any common law or other right of any person firm or corporation. The Company accepts no responsibility for content which you may find unsuitable and cannot accept liability for any loss or damage caused to your device(s) by our service. This does not affect your statutory rights as a consumer.

If you would like any information about permission to use the material on the site e-mail customerservice@getthecraic.com

Indemnity

We will use reasonable skill and care in carrying out our responsibilities to you set out in these terms. We provide this site and its contents on an “as is” basis and whilst every effort is made to ensure the accuracy of information on the site, we cannot be responsible for its use or misuse and how it is interpreted. Any hypertext link on the Website which connects to another site is intended for the help of our users. We take no responsibility for the content of any website which may be linked to the site. Further, the Company cannot accept any liability for problems relating to external party software or services.

We assume no responsibility and should not be liable for any viruses that may infect your computer equipment on account of your access to, use of, or browsing in the site. Except as expressly stated in these terms your sole remedy in the event of any failure is to discontinue your use of the site. We do not limit our liability for death or personal injury to the extent only it arises by our negligence or the negligence of our members, officers or employees.

We cannot be certain that all the material on the site at any time will comply with all laws of every country in the world and we cannot accept responsibility to you for any such breach. Your sole remedy in the event of any breach is to discontinue your use of the site. No variation to these terms other than the variations notified by us shall be binding unless in writing and signed by us.

All obligations implied by statute or otherwise by law are hereby excluded to the extent permitted by the law. In particular (but without limitation) we do not warrant or represent that the site will be error free or that it is suitable for any particular purpose. Except as expressly stated in these Terms, to the extent permitted by law neither the Company nor any of its members or officers and employees or other representatives will be liable for damages or loss resulting from the use of the site or content found herein. This applies to damages or loss of any kind including but not limited to direct, indirect, special or consequential loss or damages for loss of data, income or profit or claims from third parties.

You agree to indemnify us and our officers, members, employees and agents, from and against any actions or claims or demands relating to the use or alleged use of the files downloaded from the site by you or by persons on your behalf in breach of these terms. We will promptly provide notice to you of any such claim against us and shall reasonably assist you, at your expense, in defending any such claim.

From time to time the Website may be unavailable due to maintenance procedures or for reasons beyond our control. During these periods, you will not be able to access the Website or download shows. We will endeavour to resume normal service as quickly as possible in either event.

Company shall not be liable for failure to deliver or supply the Programme as a result of any breakdown of plant or apparatus fire explosion accident burglary strike lock-out or any other event or cause beyond Company’s control.

Notice

The Company reserves the right to alter these terms and conditions at any time. It is your obligation to check if changes have been made using the Terms & Conditions hypertext link on the Website. The applicable date of our Terms & Conditions are clearly detailed in the head of the document. Your use of the Website or any services provided by the Company after changes are posted online shall constitute acceptance of the new terms and conditions.

Applicable Law

These Terms and Conditions and use of the Website are subject to the Laws of the Republic of Ireland. All disputes arising out of these Conditions shall be subject to the exclusive jurisdiction of the courts of the Republic of Ireland. Any provision in these conditions which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of these conditions.

Clause Headings

Clause headings are inserted for ease of reference only and do not form part of these conditions for the purposes of interpretation.

- End -