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Legal Notice
Terms of Use This Terms of Use Statement applies only to the Website at www.Texoil.ie (the “Website”). The Website is owned and operated by Texoil Limited, which is incorporated in Ireland under company number 310436 with a registered office at First Floor, Block B, Liffey Valley Office Campus, Quarryvale, Co. Dublin, with VAT number 6330436I (“Texoil”, “we”, “us” and “our”) and should not be confused with any other Website whether or not the word Texoil appears as part of the domain name or branding. You are advised to check each page you visit on or from the Website to determine whether you have moved onto a third party website.Please read this Terms of Use Statement, together with all the documents referred to in it, carefully before you start to use the Website. By accessing and using the Website, you indicate that you have read, understand and accept this Terms of Use Statement and that you agree to abide by it each time you access and use the Website. If you do not agree to this Terms of Use Statement, please refrain from accessing and using the Website. 1. Site Security You are prohibited from violating, or attempting to violate, the security of the Website. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Website include without limitation: logging into or attempting to log into a server or account that you are not authorized to access; accessing data or taking any action to obtain data, information or services not intended for you or your use; attempting to probe, scan or test the vulnerability of any system or network; tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures; and transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or other computer programming routines or engines or engaging in conduct that could damage, disrupt or otherwise impair or interfere with a computer's functionality or the operation of the Website.2. Other Prohibited Activity. In using the Website, you must not: post, send or otherwise transmit to or through the Website any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of or in breach of another person's privacy or other rights or any material that Texoil in its sole discretion does not wish posted or transmitted on the Website; defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; upload or otherwise make available, files that contain images, software or other material protected by intellectual property laws or other property rights, including without limitation copyright or trademark laws, and rights of publicity and privacy unless you own or control the rights thereto, or have received all necessary authorisations to do the same; misrepresent your identity or affiliation in any way; engage in deceptive online marketing; violate any applicable laws or regulations; or assist or permit any persons in engaging in any of the activities described above3. User Submissions You must exercise caution, good sense and sound judgment in using the Website. You are responsible for any material you place on or transmit to or through the Website. You agree, represent and warrant that any information you post to or transmit through the Website is truthful, accurate, not misleading and offered in good faith, and that you have the right to post or transmit such information and the right to grant us the right to use and disseminate it on the Website. Such information (including without limitation, data, text, software, graphics or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility. 4. Unsolicited Ideas Texoil does not accept or consider unsolicited ideas, including ideas for new promotions, products, technologies, or processes. You must not transmit any material to or through the Website that you consider to be confidential or proprietary. Any material that you transmit to or through the Website will be considered non-confidential and non-proprietary. This policy serves to avoid potential misunderstandings or disputes regarding ownership of ideas. Except as expressly provided in the Privacy Statement or separate written agreement between you and Texoil, you give Texoil an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transit and distribute such information. You further agree that Texoil has the right to use, without any payment or accounting to you or others, any concepts, know-how, content, intellectual property or ideas that you (and those who act on your behalf) transmit to or through the Website. Texoil has the right to disclose your identity to any third party who claims or alleges that any material posted or uploaded by you to the Website or to us through the Website constitutes a violation of their intellectual property rights, right to privacy or other legal rights. 5. Copyright The material made available at the Website is protected by copyright and other proprietary rights. No material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without prior written permission of Texoil, except that you may download one copy of the materials on any single computer and produce one printed copy for your personal, non-commercial use only, provided you keep intact all copyright, these terms and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Texoil's copyright and other proprietary rights, and these terms. Permission for all other uses of materials contained on the Website, including reproducing and distributing multiple copies, or linking to any page at the Website except the "home page" (http://www.Texoil.ie), must be obtained from Texoil in writing in advance. Any linking to the home page of the Website must be done in a way which is fair and legal and which does not damage or take advantage of Texoil’s reputation, goodwill or content but you must not establish a link to the home page in such a way as to suggest any form of association, approval, sponsorship or endorsement by Texoil without our prior written authorisation. You must not establish a link to the home page of the Website from any website that is not owned by you. Requests for such authorisation should be sent via email to: info@Texoil.ie. For the purposes of this Agreement, the use of any such material on any other website or networked computer environment is prohibited. All design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to Texoil. In the event you download software from the Website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Texoil and may be subject to terms and conditions advised to you at the time of the download. Texoil does not transfer title to the Software to you. You may own the medium on which the Software is recorded, but Texoil retains full and complete title to the Software, and all intellectual property rights and proprietary rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, except to the extent permitted by applicable law and then only on giving Texoil prior written notice of such activities. 6. Trademarks All trademarks, service marks, logos and trade names, whether registered or unregistered, are proprietary to Texoil or to other companies where so indicated on the Website. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof. 7. Links to Other Websites As you view the Website, you will notice links to other non-Texoil websites. These links are for convenience only. Certain of these linked websites may make use of Texoil proprietary intellectual property rights (such as trademarks, service marks, logos and trade names) under licence from Texoil. Texoil is not responsible for the availability or content of these websites or for any viruses or other damaging elements encountered in linking to a third party website. In addition, providing links to these websites from the Website should not be interpreted as endorsement or approval by Texoil of the organizations sponsoring the websites or their products or services. 8. Jurisdictional Issues The Website is controlled and operated by Texoil from its offices within Ireland. Texoil makes no representation that materials in the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Website from jurisdictions where the contents of the Website are illegal or penalized is prohibited. 9. Termination This agreement is effective until terminated by either party. You may terminate this agreement at any time by ceasing to use the Website and by destroying all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from Texoil if, in Texoil's sole discretion, you fail to comply with any term or provision of this agreement or Texoil so notifies you. Upon termination, you must destroy all materials obtained from the Website and all related documentation and all copies and installations, whether made under the terms of this agreement or otherwise. The provisions of this Terms of Use Statement concerning site security, prohibited activity, copyrights, trademarks, user submissions, disclaimer, limitations of liability, indemnity, governing law, waiver, severability and jurisdiction shall survive any termination of this agreement. 10. Disclaimer The materials in the Website are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Texoil disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Texoil does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components. Texoil does not make any representations or warranties regarding the use or the results of the use of the materials in the Website in terms of their correctness, accuracy, reliability, or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. 11. Limitation of Liability To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall Texoil be liable for any compensatory, punitive, special, indirect or consequential damages that result from the use of, or the inability to use, the materials in the Website, even if Texoil or a Texoil authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, for example, for death or personal injury arising from our negligence or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, and so to that extent the above limitation or exclusion may not apply to you. In no event shall Texoil's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you to Texoil, if any, for using the Website. 12. Indemnity To the extent permitted by law, you agree to indemnify, defend and hold Texoil, its affiliates and any of its and their directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of this agreement; and/or (ii) your activities in connection with the Website 13. Disclosure; Forward-Looking Statements The Website contains forward-looking statements about future events and the future operational and financial performance of Texoil. Words such as "anticipates," "expects," "intends," "plans," "targets," "projects," "believes," "seeks," "schedules," "estimates," "budgets" and similar expressions are intended to identify such forward-looking statements. These statements are based on management's current expectations, estimates and projections; are not guarantees of future performance; and are subject to certain risks, uncertainties and other factors, some of which are beyond our control and are difficult to predict. Actual results may differ significantly from results discussed in the forward-looking statements. You should not place undue reliance on these forward-looking statements. 14. Stock Quotes Where stock market quotes are provided on this Website, such data is provided for information purposes only and is not intended for trading purposes. Neither Texoil nor any of its data or content providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon. 15. Other As used throughout the Website, the term "Texoil" and such terms as "the company," "the corporation," "our," "we" and "us" may refer to one or more or all of Texoil’s consolidated subsidiaries. All of these terms are used for convenience only and are not intended as a precise designation of any of the separate companies, each of which manages its own affairs. This agreement shall be governed by and construed in accordance with the laws of Ireland, without giving effect to any principles of conflicts of law. The Irish courts will have non-exclusive jurisdiction over any claim or dispute arising from, or related to, a visit to the Website or these Terms of Use Statement. The rights and remedies contained in this agreement are cumulative and not exclusive of rights or remedies provided by law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing by Texoil in accordance with Clause 16 below. A failure to exercise, or delay in exercising, a right or remedy provided by this agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. 16. Changes to Terms of Use Statement Texoil may revise this Terms of Use Statement at any time without notice. Although Texoil will endeavour to highlight any changes to this Statement, you should revisit the Website periodically to make sure you are aware of the most recent terms, because they will be binding on you. Your use of the Website after such changes constitutes your agreement to such changes.
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