By Downloading and Using Our Application You Accept The Terms of this Policy
Please read this Acceptable Usage Policy carefully and ensure that you understand it before using Our Site. Our Acceptable Usage Policy sets out standards that apply to your use of this site and application, https://www.pocketpapers.ie (“Our App”) when communicating via Our App, uploading User Content, or otherwise interacting with it. It is recommended that you print a copy of this Policy for your future reference.
This Policy was last updated on 7th March 2022.
Your agreement to comply with this Policy is indicated by your use of Our App. If you do not agree to this Policy, you must stop using Our App immediately.
The following documents also apply to your use of Our App:
• Our Privacy Policy, available at https://www.pocketpapers.ie/privacy
1. Definitions and Interpretation
1.1 In this Policy, unless the context otherwise requires, the following expressions have the following meanings:
“content” or “Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our App;
“User” means a user of Our App; and
“User Content” means any media including text, images, audio, or video, submitted by Users to Our App; and
“We/Us/Our” means Foxrock Learning Limited.
2. Information About Us
2.1 Our App is operated by Foxrock Learning Limited, a company registered in Ireland under 697316 whose registered address is AMESBURY, 8 SILCHESTER COURT, CO. DUBLIN, A96 W6Y6, DUBLIN, DUBLIN, A96 W6Y6, IRELAND.
3. How to Contact Us
To contact Us, please email Us at info@pocketpapers.ie.
4. Changes to this Policy
4.1 We may alter the terms of this Policy at any time. If We do so, details of the changes will be highlighted at the top of this page. As explained above, your use of Our App constitutes your acceptance of this Policy. Consequently, any changes made to this Policy will apply to your use of Our App the first time you use it after the changes have been implemented. You are therefore advised to check this page every time you use Our App.
4.2 If any part of the current version of this Policy conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.
5. Acceptable Usage of Our App
5.1 You may only use Our App in a lawful manner:
a) You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
b) You must not use Our App in any way, or for any purpose, that is unlawful or fraudulent;
c) You must not use Our App to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind;
d) You must not use Our App to knowingly send, upload, or in any other way transmit unauthorised or unsolicited marketing or similar material (commonly referred to as “spam”);
e) You must not use Our App to bully, threaten, harass, intimidate, insult, annoy, alarm, inconvenience, upset, or embarrass another person;
f) You must not use Our App to harm or attempt to harm minors in any manner; and
g) You must not use Our App, submit User Content, or communicate in any way using Our App that does not comply with the content standards set out below in Part 7.
h) You must be aged 16 or over, and only a person of that age can set access Our App.
6. Interactive Services
6.1 The following interactive services are available on Our App:
a) Subject Messenger.
6.2 If We provide any kind of interactive service, clear information will be provided about that service. In particular, We will inform you of any moderation and whether that moderation is automated or carried out by people. Please refer to Part 6.6, below for further information.
6.3 We use reasonable efforts to carry out risk assessments for any interactive services that We may offer in order to determine the risks posed to Users from third parties and, on the basis of those risk assessments, decide whether to implement moderation and, if so, what kind.
6.4 Notwithstanding Part 6.3, We are under no obligation to monitor, moderate, or in any other manner oversee any interactive services provided on Our App. We hereby exclude any and all liability for any loss or damage arising out of the use of such interactive services by a User who breaches the content standards set out below in Part 7, whether We monitor the interactive service or not.
6.5 Minors may not use the interactive service(s) provided on Our App. Service is intended for access and use only by a person who is aged 16 or over, and only a person of that age can set up an account and log in.
6.6 All User Content exchanged via Our App’s messenger-based service is visible to Our employees for the purpose of – but not limited to – risk assessment, product development, trust & safety, and market research.
7. Content Standards
7.1 When communicating via Our App, uploading User Content, or otherwise interacting with Our App, you must not submit, communicate, or otherwise do anything that:
a) is sexually explicit;
b) in any way sexualises minors (including, but not limited to, child sexual abuse material); c) is obscene, deliberately offensive, hateful, or otherwise inflammatory;
d) promotes violence;
e) promotes, encourages, incites, or supports acts of terrorism;
f) promotes or assists in any form of unlawful activity;
g) is defamatory of another person;
h) bullies, insults, intimidates, or humiliates another person;
i) discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; nationality; gender; gender identity; sexual orientation; religious or philosophical beliefs; disability; or age;
j) is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
k) is calculated or otherwise likely to deceive;
l) is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal information in a way that you do not have a right to;
m) misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
n) implies any form of affiliation with Us or any other party where there is none;
o) infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, designs, patents, trade marks, and database rights) belonging to Us or any other party;
p) is in breach of any legal duty owed to another party including, but not limited to, contractual duties and duties of confidence.
7.2 When communicating via Our App, uploading User Content, or otherwise interacting with Our App, you must ensure that your communication or submission:
a) is truthful and accurate (where you are stating facts);
b) states only genuinely held opinions; and
c) complies fully with any and all local, national, or international laws and regulations that apply.
8. Breaches of this Policy
8.1 If you fail to comply with the provisions of this Policy, We may take action as set out in this Part 8. A breach of this Policy also constitutes a material breach of the Terms of Service of Our App. We may take one or more of the following actions in response to your breach:
a) Suspend or terminate your right to use Our App;
b) Remove, either temporarily or permanently, your communication , User Content, or other submission from Our App;
c) Issue you with a written warning;
d) Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
e) Take further legal action against you, as appropriate;
f) Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
g) Any other actions which We deem reasonably appropriate (and lawful).
8.2 We hereby exclude any and all liability arising out of any actions that We may take (including, but not limited to those set out above in Part 8.1) in response to your breach.
9. Law and Jurisdiction
9.1 This Policy, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, Irish law.
9.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 9.1 takes away from or reduces your legal rights as a consumer.
9.3 If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to this Policy or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of Ireland.
9.4 If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to this Policy or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Ireland.
10. Content Contributed to the Site
Our App allows Users to share content through the Our App with other Users. In this Agreement we refer to all of this content provided by users as “User Content”.
We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to provide Our App to users, including to display your User Content in the manner requested by you to operate Our App. In order for us to make the User Content you contribute available on Our App for these purposes, and to operate, market and promote Our App, we need the right to make use of such User Content in accordance with and subject to this Agreement. For example, if you publish a video or post a solution, we need your license to display that User Content, and we need the right to sublicense that User Content to our other users so that they can view that User Content.
Therefore, by contributing User Content to Our App or creating it on Our App you automatically grant to us an irrevocable and perpetual (except as set forth in this Agreement), non-exclusive, transferable, fully-paid, royalty-free (except as expressly set forth in this Agreement), worldwide license, by ourselves or with others, to use, copy, distribute, publicly perform, publicly display, print, publish, republish, excerpt (in whole or in part), reformat, translate, modify, revise and incorporate into other works, that User Content and any works derived from that User Content, in any form of media or expression, in the manner in which the Service from time to time permits User Content to be used, in compliance with all applicable laws, and to license or permit others to do so. Our rights under this license remain in place even after termination of this Agreement or your account.
Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of Our App does this to your User Content when it processes it. This license also grants us the right to sublicense that User Content to other users to permit their use of that User Content in the manner in which the Service from time to time permits User Content to be used. We may from time to time change the manner in which User Content can be used by Our App, and if we do so any license you have granted to us under this Section 19 shall automatically be extended to new uses, and any of our rights under licenses previously granted to us for uses no longer permitted shall continue as described in this Section 19.
If you contribute User Content to Our App, it is your responsibility to check Our App from time to time to review how we permit User Content to be used. You may at any time, on written notice to us, terminate your use of Our App and this agreement by email to info@pocketpapers.ie. Upon any termination, whether by you or by us, your license of your User Content to us and our sublicenses to others shall also terminate, provided that after such termination that license and those sublicenses will continue with respect to any Permitted Use of your User Content that commenced prior to the effective time of the termination, until that Permitted Use ceases. A Permitted Use is any use of Content permitted by this Agreement or the Service prior to the termination. For example, if at the time of your termination any User Content you have contributed to Our App as a User, is used, or has been printed by another User for their personal use, or is used by us in promotional materials, those uses may continue until they cease. In particular, if at the time of your termination your User Content has been sublicensed by us to a third party for printing, that sublicense, printing, distribution and sale of printed materials may continue until it terminates according to the terms of our agreement with the third party, and all such printed materials have been sold. Also, if you choose to terminate, while it is not our usual practice, we may retain a copy of the applicable User Content for archival purposes. Finally, if your use of Our App or this agreement terminates for any reason, or Content is removed from Our App, your license hereunder to use the Content or the removed Content, as the case may be, terminates immediately. Our App reserves the right to remove Content at any time, without notice, for any reason, or for no reason, in its sole discretion.
You represent and warrant to Our App that (a) you are the sole owner, author and copyright owner of User Content you contribute to Our App or you have written permission from the author, owner or copyright owner to make such User Content available to the Service as “User Content”, and (b) such User Content does not infringe upon any third party rights (including but not limited to any copyright, patent, trademark, trade secret, other intellectual property rights, moral rights, privacy rights or publicity rights); © such User Content complies with this Agreement and does not contain any defamatory, libelous or obscene material; (d) such User Content does not violate any applicable laws, regulations, or contain any false statements or misrepresentations; and (e) you have the written consent, release, and/or permission of each and every identifiable individual person, or the owner/author of any objects or work in such User Content to use the name or likeness of each and every such identifiable individual person, object or work, to enable inclusion and use of such User Content in the manner contemplated by the Service and this agreement.