This website is operated by Seats Are Ltd, trading as ‘Nightcourses.com’ (Registered in Ireland 533727) which has its registered office at Castleforbes House, Castleforbes Road, Dublin 1. We can be emailed at [email protected] or by mailing to the address set out above.
These website terms of condition and our privacy policy govern your use of our website, www.nightcourses.com and any and all services that we make available on or through our website. By using our website, you are agreeing to these terms, whether you are just browsing (a “Visitor”) or whether you are a registered user (a “Member”). Should you not agree with our terms, please do not use our website. These are our terms and conditions for use of the network, which you may access in several ways, including but not limited to the World Wide Web via nightcourses.com, digital television, PDA, mobile phone and RSS feeds.
We may revise these terms at any time at our sole discretion. Please check regularly for updates: you can determine whether changes have been made by confirming the version date at the top of these terms. Your continued use of our website means that you agree to these terms, as revised.
1. Registration/Password
1.1 Although portions of our website may be visited by any Visitor, you will need to register as a Member to be able to participate in or join the Community Areas and if you wish to submit Course Reviews. Registration on our website is free. You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities that occur under your account.
1.2 To register as a Member, you confirm that you are over 16 years of age
1.3 You agree that any information you provide to us about yourself upon registration or at any other time will be true, accurate, up to date and complete. We reserve the right to terminate your membership and access to our website if we learn that you have provided false or misleading information.
1.4 When you register, you will be asked to create a username and password. You agree not to divulge your password to any other person. You are responsible for maintaining the confidentiality of your password, and will be fully responsible for all liabilities arising in connection with your password’s use (or misuse), whether such use or misuse is with or without your knowledge or approval. If you suspect that someone else knows of or is using your password, notify us immediately by emailing us.
1.5 If you forget your password, please email us to reset your password.
1.6 We have the absolute discretion to cancel your username/password at any time if we suspect it is being used by an unauthorised person.
1.7 If you no longer wish to have a registered account, you may terminate your account by sending an email to [email protected]. If you no longer accept these terms and conditions, or any future modification to these terms and conditions, you must cease using the Nightcourses Site. Continued use of the Nightcourses Site indicates your continued acceptance of these terms and conditions.
If, for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your access to the registration areas of Nightcourses Site immediately and without prior notice.
We may terminate your registered account, at our sole discretion, by emailing you at the address you have registered stating that the agreement has terminated.
2. Use of our website
2.1 For the purposes of these terms, “Content” refers to all data, text, logos, artwork, software, documents, images, photographs and other materials you may upload to or download from our website including information about yourself, messages posted in the Community Area, Course Reviews, information about certain courses.
2.2 You must ensure that any content that you submit to our website:
- does not infringe any third party’s Intellectual Property Rights (“Intellectual Property Rights” means registered and / or unregistered copyright, database rights, trade marks, design rights and other intellectual and proprietary rights of whatever nature, and all applications for such rights, anywhere in the world);
- does not breach any applicable law;
- is not defamatory, profane, sexually or racially offensive or discriminating, harassing, threatening, obscene, pornographic, false, unreliable or misleading or otherwise objectionable in our opinion; or
- does not disrupt the communications of the online community or Community Area on our website.
2.3 You agree that you will not use our website:
- for commercial purposes or to obtain financial gain without our prior written consent;
- to send chain letters, junk mail, ‘spam’, business or bulk communications of any kind;
- to advertise a company, product or service of any educational establishment except under the terms of a written advertiser agreement that we have entered into with you;
- in a way, that might reasonably be expected to cause another person’s computer systems and/or their communications network to be interrupted, damaged or rendered less efficient;
- to obtain personal information from “Users” (which means “Members” and “Visitors”) under the age of 16 or from anyone if such information is gathered deceptively or in a non-transparent way;
- to obtain passwords or personal identifying information for commercial or unlawful purposes from other Users;
- to attempt to impersonate another User; or
- to harass, threaten or intimidate any User.
2.4 You will be for responsible for logging out from your registered account at the end of each session on our website.
2.5 If you are a Visitor, you agree not to obtain unauthorised access to areas of our website reserved for Members.
2.6 If you are aware of anything on our website which appears to infringe these terms, you agree to contact us immediately.
3. Use of material appearing on Nightcourses.com
Your use of Nightcourses.come is for your own personal and non-commercial use only. You acknowledge that, as between Nightcourses.com and you, except for user content and advertisements (as discussed below), Nightcourses.com is the sole owner of all content on this website, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing on this website. Nightcourses.com and our content are protected by the copyright laws and other intellectual property laws of Ireland and European Union and are protected globally by applicable international copyright treaties.
You may download and print extracts from Nightcourses.com for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print. You may not use any Nightcourses.com for any other purpose without our prior written approval. Except as expressly authorised by Nightcourses.com, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing Nightcourses.com.
If you wish to use our content other than as permitted by these terms and conditions, please contact us at [email protected].
4. Content posted
3.1 We use software to monitor content on our website. While we hope it removes the majority of inappropriate content, no software is 100% reliable. None of the views expressed in the content are the views of Nightcourses.com. You acknowledge that all content is the responsibility of the person who posted, emailed or otherwise provided the content. You acknowledge that by using website, you may be exposed to content that is offensive, indecent or objectionable. We are not responsible in any way for any content. If you post, email, upload or otherwise provide content, you are entirely responsible for it.
3.2 We operate a “take down and notice” procedure. If you believe that any content is defamatory, profane, sexually or racially offensive or discriminating, harassing, threatening, obscene, pornographic, false, unreliable or misleading or otherwise objectionable, or infringes intellectual property or other legal rights please notify us immediately. We will investigate each matter notified to us and will act in our sole discretion.
3.3 If you post content which is found to be in breach of these terms, we reserve the right to deactivate your username and password to prevent you from further access to our website as a Member.
4. Intellectual Property Rights
4.1 You agree that our website and all content contained in it are protected by Intellectual Property Rights that either belong to or are licensed to us.
4.2 You acquire no proprietary interest in our website or content provided by us or others and may not use them in any way except as expressly permitted by these terms.
4.3 You may view, print, download or temporarily store such content for your personal, non-commercial reference without alteration, addition or deletion. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer such content. You acknowledge that you will not acquire any Intellectual Property Rights by downloading or otherwise using any such content.
4.4 By submitting content to our website:
- you grant us a royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and communicate to the public such content; and
- you authorise us to adapt such content and you agree to waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.
5. Our Rights
5.1 We have the right in our absolute discretion to alter, edit, remove, suspend or refuse any content without notice, if we consider that the content is objectionable or violates these terms or for any other reason.
5.2 We may preserve or disclose the content and your personal details as well as any content to any third party if such disclosure is necessary:
- for the purpose of maintaining our website;
- by law; or
- to respond to claims that our website infringes or restricts the right of any party.
5.3 We may suspend or terminate your access to our website at any time if you breach any of these terms.
6. Warranties
6.1 Our website is provided on an “as is” and “as available” basis. We expressly disclaim all warranties or representations of any kind, express or implied, to the fullest extent permitted by law.
6.2 You understand and agree that we do not guarantee the accuracy, relevancy or completeness of any information in or provided on or from our website. We are not responsible for any errors or omissions or for the results obtained from the use of such information. Our website is provided for the general information of the general public.
6.3 Your use and participation in our website and services are solely at your own risk. No advice or information, whether oral or written, obtained by you from our website shall create any warranty not expressly made in these terms or imposed by law.
6.4 We make no warranty that our website will meet your requirements, or that access to our website will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of our website.
7. Limitation of Liability
7.1 Except as required by law, we will not be liable for any direct losses or damages arising in contract, tort (including negligence) and for any reason.
7.2 Except as required by law, we shall not be liable for any indirect, incidental, special or consequential losses or damages or loss of profits, data, goodwill, revenue in each case regardless of whether such losses or damages arise in the normal course of events or whether we have been advised of the possibility of such damages and whether such losses or damages arise in contact or tort (including negligence) and for any reason.
7.3 Nothing in these terms shall operate to exclude or restrict our liability for death or personal injury caused by negligence.
8. Data Protection
Please see our privacy policy for details of how personally identifiable information is collected and may be processed or shared with others. You will find the complete online Privacy Policy at https://www.nightcourses.com/help-hompage/privacy-policy/
9. Territory Statement
Please do not access or use the content from a jurisdiction where such access or use would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory organisation. If you breach this provision, you will be held entirely responsible.
10. Assignment
We may assign our rights and obligations under these terms and upon such assignment we shall be relieved of any further obligation under these terms. You are not permitted to assign your rights and obligations under these terms.
11. Governing Law and Jurisdiction
These terms shall be governed by and construed in accordance with the laws of the Republic of Ireland and any dispute shall be subject to the non-exclusive jurisdiction of the Irish courts.
12. Intellectual Property
The content contained within this site is for personal use only. All text, graphics and selection, layout, software and the arrangement thereof and all materials on this website are the copyright of Seats Are Ltd T/A Nightcourses.com. or its content providers. Unauthorised use of the content may violate copyright, trademark, and other laws. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the material at Nightcourses.com without our written permission. If you wish to use our content please contact us for further information regarding the purchasing of our content.
13. Links
This website contains links to other websites operated by third parties over whom we have no control. Such links are provided for your convenience only and Nightcourses.com accepts no responsibility or liability in respect of the content, accuracy or use of other websites.
14. Comment and Review Guidelines
Here are the guidelines for everyone participating in Nightcourses.com Please follow these simple guidelines to make our website a more pleasant and enjoyable experience for all:
For the smooth operation of the website there must be guidelines to which all registered users and viewers posting comments must adhere and comply. Posts of any type which do not comply with these guidelines will be edited and/or removed and registered users who persist in this manner will be banned.
Language: Please respect others. Offensive language or images will be edited or the viewer banned if the problem persists.
Inflammatory Posts: We all have the right to express our own views and opinions without fear of being attacked or personally insulted. Feel free to debate strongly and offer firm opinions. If you direct personal insults at other viewers the offensive posts may be deleted and you may be banned from the website.
Spamming: Please do not spam the comments section or advertise in the comments section. Your posts will be removed. Be aware that continued failure to adhere to any of these guidelines could result in deletions of posts, suspension of posting privileges, and/or complete banning.
15. Disclaimer and Waiver (Liability and Accuracy)
Nightcourses.com does not make any warranty or representation as to the accuracy or completeness of the information contained on this site. Nightcourses.com is responsible for updating content on a daily basis and ensuring to the best of their ability that this information is reliable and up-to-date. All information is subject to change at any time and without notice. We endeavour at all times to update Nightcourses.com as soon as we are notified of a change in product details, price or availability or any other relevant details. You agree to use any information obtained on Nightcourses.com at your own discretion and not to hold Seats Are Ltd financially or legally responsible in any way for any repercussions, loss, damage, costs or injury arising from such use.
Under no circumstances shall Nightcourses.com, our investors, successors, subsidiaries, affiliates, co-branders, contractors, content partners, employees, servants, contributors, third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
To the extent permitted at law, we do not accept any responsibility for any statement in Nightcourses.com’s content. Nothing in our content is provided for any specific purpose or at the request of any particular person. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to Nightcourses.com or any part of it. You can access other sites via links from Nightcourses.com. These sites are not under our control and we are not responsible in any way for any of their contents.
Although we will do our best to provide constant, uninterrupted access to Nightcourses.com, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
17. Third party advertising on Nightcourses.com
You will see advertising material submitted by third parties on Nightcourses.com. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
If you want to advertise on Nightcourses.com, please email the user help team at [email protected] and they will pass your details on to our advertising sales team.
18. Age Restrictions
The content on Nightcourses.com is aimed at an adult audience over the age of 18 years. It is not directed at children and we cannot guarantee that all content on the site will be suitable for minors. You are only permitted to register as a user of this site and post comments if you are aged 18 or over. If you are aged 13 years or over but under the age of 18 you must obtain the consent of a parent or legal guardian before registering as a user of Nightcourses.com. Any person who registers as a user of Nightcourses.com represents that they are 18 years of age or older or that they are 13 years or over and have obtained the consent of a parent or legal guardian. Seats Are Ltd cannot and is not required to verify the age of users of the site.
19. Copyright
We respect the copyright of others. We strive to credit sources where relevant. Our policy is to respect the copyright of others and we strive to credit sources where relevant. While copyright does not subsist in ideas and in principle there is no copyright in the news, copyright may subsist in the form in which it is expressed in particular articles. If you believe that any material published in this website infringes copyright, please report it to Nightcourses.com, identifying the specific material that is claimed to be infringing and providing sufficient information to permit us to contact the complaining party.
20. User content
Users of our site may be permitted to submit content for publication in various areas of Nightcourses.com. When you submit content to us, you agree and represent that you have created that content, or you have received permission from, or are authorised by, the owner of any part of the content to submit it to Nightcourses.com.
You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, publish and/or transmit, and to authorise third-parties to use, publish and/or transmit your content in any format and on any platform, either now known or hereinafter invented.
You acknowledge and agree that when you post content on Nightcourses.com or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of Nightcourses.com, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on Nightcourses.com.
We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We may remove your content from use at any time. We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.
You warrant that the content you submit to us is not obscene, threatening, harassing, libellous, deceptive, fraudulent, invasive of another’s privacy, offensive, defamatory of any person or illegal. You warrant that the content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You agree not to (i) post content which is deliberately intended to upset or harm other users; (ii) use Nightcourses.com to post or otherwise transmit content that victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, colour, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability; (iii) post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of Nightcourses.comor any computer software or hardware or telecommunications equipment; (iv) upload or otherwise transmit any content, or take any other actions with respect to your use of Nightcourses.com, that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability; or (v) use Nightcourses.com for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services.
You understand that the technical processing and transmission of Nightcourses.com may involve (i) transmissions over various networks; and (ii) changes to content to conform and adapt to technical requirements of connecting networks or devices. Nightcourses.com assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to Nightcourses.com.
If you are under 16, you confirm that you have permission of your parent or guardian to submit content.
Any queries regarding copyright and your content should be directed in the first instance to [email protected]
21. Data protection
Please see our privacy policy for details of how personally identifiable information is collected and may be processed or shared with others. You will find the complete online Privacy Policy at this location.
22. Changes to these terms and conditions of use
Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do without your consent. Any revised terms and conditions will be applicable at the time of posting on Nightcourses.com. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use Nightcourses.com after it has been posted.
23. Indemnification
You agree to defend, indemnify, and hold harmless Nightcourses.com, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out a breach by you or any user of your account of these terms and conditions or privacy policy or arising out of a breach of your obligations, representation and warranties under these terms and conditions.
24. No waiver
Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of Nightcourses.com.
