TERMS AND CONDITIONS OF WEBSITE USE WWW.BLASTA.IE

Your use of this website WWW.BLASTA.IE (the Site) is subject to these general terms and conditions (the Terms). Your use of the Site constitutes your binding acceptance of these Terms.

El Zorrero Films Limited (we / us) may modify these Terms at any time without notice to you by posting revised Terms on the Site. Your continued use of the Site following the posting of revised Terms will mean that you accept and agree to such revised Terms.

• Content

1. 1. All text, graphics, user interfaces, visual interfaces, photographs, image(s) , trade marks, logos, sounds, music, artwork and computer code (collectively, Content), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to us, and is protected by copyright, patent and trade mark laws, and various other intellectual property rights and unfair competition laws.

1. 1. Except as expressly provided in these Terms, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.

• Your Use of the Site

1. 1. You may not attempt to gain unauthorised access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any of our server(s), or to any of the products or services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

1. 1. You may not reverse look-up, trace or seek to trace to its source any information on any other user of or visitor to the Site, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

1. 1. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of third parties.

1. 1. You agree not to modify the software underlying the Site in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorised access to the Site.

1. 1. Where we request member registration information from you, you will provide us with true, accurate, current, and complete information.

1. 1. Use of the Site is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Site.

• Data Protection

We shall comply at all times with our obligations under the relevant data protection laws including the Irish Data Protection Acts 1988 and 2003 and all statutory instruments thereunder and the ePrivacy Regulations (Statutory Instrument number 336/2011) and, when effective, the EU General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) and all national implementing laws, regulations and secondary legislation, as amended or updated from time to time.

• Privacy Statement

1. 1. Use of the Site and all of the information that we collect from you, such as registration information, is subject to our privacy statement. For information on how we process personal data collected in the context of you using our website please see our website privacy statement. Our privacy statement may be viewed at privacy policy.

• Disclosure of Your Information

1. 1. We may pass on your details if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply any contract with you or other agreements; or to protect our rights, property, or safety of our employees, customers, or others. This includes reporting information about incidents (as appropriate) to the Gardaí and responding to any requirements from the Gardaí to provide information and/or personal data to them for the purposes of them detecting, investigating and/or prosecuting offences or in connection with crime sentencing.

1. 1. We need to demonstrate accountability for our data protection obligations.  This means that we must be able to show how we comply with the data protection rules, and that we have in fact complied with the rules.  We do this, among other ways, by our written policies and procedures, by building data protection compliance into our systems and business rules, by internally monitoring our data protection compliance and keeping it under review, and by taking action if our employees or contractors fail to follow the rules.  We also have certain obligations in relation to keeping records about our data processing. These record-keeping obligations are under the responsibility of our Data Protection Officer.

• Links to Other Sites

1. 1. The Site may contain links to other independent third-party websites (Linked Sites). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.

• Disclaimers and Limitation of Liability

1. 1. The Site is provided on an "AS IS" basis, without any express or implied warranty of any kind, including without limitation warranties of merchantability and fitness for a particular purpose.

1. 1. We are not responsible for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses.  

1. 1. We disclaim any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Site. You assume total responsibility for your use of the Site and any Linked Sites. Your sole remedy against us for dissatisfaction with the Site or any Content is to stop using the Site or any such Content.

1. 1. We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

1. 1. Except where prohibited by law, in no event will we be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if we have been advised of the possibility of such damages.

• Licence

1. 1. In providing Submission(s) to the Site and for the purpose of these Terms and Conditions, the user must be eighteen years or older.  Any submission by the user of Submission(s) to us constitutes a representation by the user that they meet this age requirement.

1. 1. In providing Submission(s) to us, the user hereby grants to us a non-exclusive, irrevocable, royalty-free, worldwide, perpetual right and licence to access, view, store and reproduce the Submission(s) so submitted.  Even if the Submission(s) are not accepted by us, the user hereby grants a non-exclusive licence for us to retain, store and access the Submission(s), for the purpose of retaining a record of the Submission(s) submitted to us by the user and for reconsidering those Submission(s) for acceptance at any time.  

1. 1. For good and equitable consideration (the receipt and adequacy of which is hereby acknowledged), the user hereby grants a non-exclusive, irrevocable, royalty-free, worldwide, perpetual right and licence to us in and to:-

(a) all Intellectual Property Rights subsisting in and to the Submission(s), and,

(b) all other rights of whatsoever nature, whether now known or created in the future, to which the user is now, or at any time after the date of the licence may be, entitled by virtue of the laws in force in Ireland and in any other part of the world in the Submission(s),

in each case for the whole term of such Intellectual Property Rights and other rights, including any renewals, reversions, revivals and extensions thereof, together with all related rights and powers arising or accrued, including the right to bring, make, oppose, defend, appeal and obtain relief (and to retain any damages recovered) in respect of any infringement, or any other cause of action arising from ownership, of any of these rights, whether occurring before, on or after the date of the licence, and whether in conjunction with the user or alone.

1. 1. The non-exclusive licence shall permit us to reproduce, adapt, distribute, publish (including electronically and on-line), make publicly available, publicly communicate, sub-licence, and re-licence the Submission(s) in any format or manner whatsoever, in any and all media, to include the Submission(s) in other works (including without limitation multimedia works) and to otherwise use the Submission(s) in any manner and by means of any technology (whether now in existence or which may come into existence in future) including without limitation in promotional and marketing activities conducted by or on behalf of us.

1. 1. For the avoidance of doubt, but without limitation to the full extent of its rights on licence, such licence shall include the right for us to edit any licensed Submission(s).

1. 1. In addition to the licence of rights above, the user hereby absolutely waives any and all moral rights and rights of an equivalent nature which the user has in or relating to or affecting the Submission(s), now or in the future, in any part of the world. (If the user is not an individual, or if the Submission(s) are submitted by the user on behalf of a corporate entity, then the user agrees to procure these waivers from the author(s) of the Submission(s) prior to their submission to us, and to furnish a copy of the waiver(s) to us on request.)

1. 1. For the purpose of these Terms and Conditions, “Intellectual Property Rights” means patents, rights to inventions, copyright (including future copyright) and related rights (including performers’ rights), all other rights in the nature of copyright, trademarks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (and rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.

1. 1. For the purpose of these Terms and Conditions, “Submission(s)” means any photographs, text, documents, written material, filmed footage (edited or unedited), animations, combinations thereof, multimedia works or any other artistic, dramatic, musical or literary works which are submitted by the user to us, and shall include any and all data and/or information submitted by the user in relation to such Submission(s).

1. 1. The user confirms and warrants that, as at the date of submission of the Submission(s) to us and on an ongoing basis:-

(a) each of the Submission(s) are the user’s original work, and have not been copied wholly or substantially from any other work or material, and that the exercise by us of the rights licensed to it will not infringe the rights of any third party,

(b) immediately prior to the licence of rights to us, the user is the sole absolute and unencumbered legal and beneficial owner of the Intellectual Property Rights (and other rights licensed) in and to the Submission(s),

(c) the user has not licensed or assigned any rights of any nature in the Submission(s), nor will he/she/it do so, to any third party in any part of the world in a manner which conflicts with the licence granted to us under these Terms and Conditions,

(d) the user is unaware of any infringement, or likely infringement of, any of the rights (including Intellectual Property Rights) licensed by the user to us on foot of these Terms and Conditions,

(e) the Submission(s) contain(s) nothing that is defamatory or indecent and do not and will not infringe any statutory or common law rights of any third party,

(f) the user has obtained appropriate written consents, releases, waivers and/or permissions from any and all individuals who feature in the Submission(s) (whether required under data protection or privacy laws or otherwise and where necessary, from a parent or guardian of the individual) and from any and all brand owners, businesses or other persons whose trademarks, brands, products, services, businesses, intellectual property-protected works or property feature in the Submission(s), in all cases such that us may use the Submission(s) howsoever it wishes (including without limitation by publishing them on any website, using them in print, film or televisions advertisements, and distributing them as part of any marketing material, anywhere in the world) without object from any such individuals or persons.  The user is required to provide copies of all such consents, releases, waivers and permissions to us upon request, and

(g) any Submission(s) submitted by the user for consideration and acceptance by us have not been previously submitted to and rejected by us.  

• Proceedings

1. 1. The user agrees and undertakes to provide to us (at its request) all reasonable assistance with any proceedings which may be brought by or against us against or by any third party relating to the rights licensed under these Terms and Conditions and/or the waivers, warranties, assurances and indemnities given hereunder.

• Further Assurance

1. 1. The user shall, at the reasonable cost and expense of us, do or procure to be done all such further acts and things, and execute or procure the execution of all such other documents, as We may from time to time reasonably require in order to enable us to protect, perfect, enforce or enjoy the Intellectual Property Rights and other rights in and to the Submissions(s) licensed, or otherwise in order to give us the full benefit of these Terms and Conditions, whether in connection with any registration of title or other similar right or otherwise.

• Indemnity

1. 1. You agree to hold harmless and indemnify us and its subsidiaries, affiliates, officers, agents, and employees, from and against any claim arising from or in any way related to your use of the Site, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, legal costs of every kind and nature, including without limitation arising out of any breach by the user of any of its warranties under these Terms and Conditions.

• Cancellation of user’s account

1. 1. We may cancel the user’s account at any time, without penalty.  Cancellation of the user’s account shall not affect the rights licensed to us under these Terms and Conditions in respect of any Submission(s) accepted by us.

• Other rights and reservations

1. 1. By accepting a Submission(s) and obtaining a licence, and for the avoidance of doubt, We are under no obligation to use that Submission(s) and shall have no liability to the user if We do not use the image.  We make no representation as to whether, when and/or how any Submission(s) may be used by us.

1. 1. We may refuse to accept and/or reject any Submission(s) submitted to us. We will not be required to provide reasons for any non-acceptance or rejection nor to answer any queries concerning same.

1. 1. We may remove any Submission(s) from our records at any time, for any reason, without liability, but also without prejudice to the rights licensed to us in and to the Submission(s).

1. 1. We will not be liable, whether in damages or otherwise, for any claims, losses, damages (actual and consequential), suits, judgments, legal costs of every kind and nature arising from the submission to us or use by us of Submission(s) submitted to us by users.

• Severability

1. 1. If at any time, any one or more of the provisions in these Terms (or any clause or any part thereof) is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed to be omitted from these Terms and the validity and or enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

• Entire Agreement

1. 1. These Terms constitute the entire agreement between you and us with regard to your use of the Site.

• Non-Waiver

1. 1. Our rights and remedies shall not be diminished, waived or extinguished by the granting of any indulgence, forbearance or extension of time by us nor by any failure of or delay by us in asserting any such rights or remedies.

• Jurisdiction

1. 1. These Terms shall be construed in accordance with the laws of Ireland and the parties irrevocably consent to bring any action to enforce these Terms before a court of competent jurisdiction in Ireland.