Iced Media Terms of Use
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These Terms of Use govern your access and use of the website located at www.icedmedia.com (the “Website”). This Website is maintained and operated by Iced Media Ltd. (“Iced Media”, “we”, “our” or “us”).
YOUR ACCESS AND USE OF THE WEBSITE IS SUBJECT TO THE FOLLOWING TERMS OF USE(THE "TERMS OF USE") AND ALL APPLICABLE LAWS. BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF USE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF USE SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE WEBSITE.
This Website is provided for your personal use and for informational purposes only. Any other use of the Website requires the prior written consent of Iced Media.
Additional Terms That May Apply To You
These terms of use refer to the following additional terms, which also apply to your use of our Website:
We will only use your personal information as set out in our privacy notice.
We may make changes to these terms
We reserve the right to vary the conditions of use at any time and will post any variations here. You are advised to review the conditions of use on a regular basis as you will be deemed to have accepted variations if you continue to use the Website after they have been posted.
Information contained on the Website
Information published on the Website is supplied by Iced Media and, where indicated, by certain third parties. Iced Media takes care and precaution to ensure that information published on the Website is accurate when posted and regularly updated, but we cannot guarantee nor be held liable for its accuracy or timeliness and we may change the information at any time without notice. You must not rely on the information on the Website and you acknowledge that you must take appropriate steps to verify this information before acting on it.
The information contained in the Website is not an invitation to invest in shares or other securities, or any other products or services or otherwise deal in these or enter into a contract with Iced Media or any other company. The information provided should not be relied upon in connection with any investment decision. You should always seek appropriate professional advice in relation to such.
Any reference to any product or service which has been or may be provided by Iced Media does not amount to a promise that such product or service will be available at any time. Changes to or improvements in such products or services may be made at any time without notice.
Client Login
Certain parts of the Website are only for access by Iced Media clients using credentials provided by Iced Media to access your account. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password. We may suspend or terminate your access at any time with or without notice. In addition to these Terms of Use, your use of the client section is also subject to any other written agreement between you and Iced Media, which agreement shall prevail in the event of a conflict with these Terms of Use.
No Warranty
ICED MEDIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ICED MEDIA DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ICED MEDIA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, ICED MEDIA SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
IN NO EVENT WILL ICED MEDIA BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ICED MEDIA BE LIABLE FOR ANY DIRECT DAMAGES, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE, EACH OF WHICH, TO THE FULLEST EXTENT PERMITTED BY LAW, IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Intellectual Property
Iced Media owns the copyright in the design, architecture, and content published on the Website except where otherwise indicated by a third party's proprietary notice. Images, trademarks, and brands are also protected by other intellectual property laws and may not be reproduced or appropriated in any manner without written permission of their respective owners. Unless specifically prohibited by a notice published on any page, you may make a print copy of such parts of the Website as you may reasonably require for your own personal use provided that any copy has attached to it any relevant proprietary notices and/or disclaimers. All other use is prohibited. We are not responsible for websites to which we link. We are not responsible for the content of any other website from which you have accessed the Website or to which you may hyperlink from the website and cannot be held liable for any loss or damage you incur as a result thereof.
No Ideas Accepted
We do not accept any unsolicited ideas including, without limitation, suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Website, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant Iced Media an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.
Unauthorized Use of Website
You may not take any action to interfere with, or disrupt, the Website or any other user's use of the Website, including, without limitation, via means of overloading or “crashing” the Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Use. You may not frame portions of the Website within another Website. You may not resell use of, or access to, the Website to any third party without our prior written consent. You may not use automated data mining techniques or devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website. Further, you may not use any such automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures.
Indemnification
You agree to indemnify, defend and hold harmless Iced Media, its employees, directors, officers, agents, business partners, parents, subsidiaries, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms of Use or applicable law.
Waiver; Remedies
The failure of Iced Media to partially or fully exercise any rights or the waiver of Iced Media of any breach of these Terms of Use by you shall not prevent a subsequent exercise of such right by Iced Media or be deemed a waiver by Iced Media of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of Iced Media under these Terms of Use and any other applicable agreement between you and Iced Media shall be cumulative, and the exercise of any such right or remedy shall not limit Iced Media’s right to exercise any other right or remedy.
Governing Law
These conditions of use are governed by the laws of the State of New York in the United States of America. You hereby expressly consent to exclusive jurisdiction and venue in the courts located in New York County, New York for all matters.
To the extent that any part of these conditions of use is found to be invalid, unlawful or unenforceable by any court of competent jurisdiction such part shall to that extent be severed from the remaining terms all of which shall remain in full force and effect as permitted by law.