IcySpicy.Com Service (the "Service") is a free computer
online service provided to you, "as is," by
IcySpicy.Com. It is
accessible to you through a computer,
or other access device via telephone line, cable connection,
wireless /satellite connection or other available means, at www.icyspicy.com.
As part of our service, IcySpicy.Com will provide you
information, editorial content, chat rooms, links to other web
sites and other computer services that IcySpicy.Com may decide to
offer, subject to the terms hereof. Upon notice published through
the service or otherwise, IcySpicy.Com may modify this agreement
at any time. You agree and continue to agree to use the
IcySpicy.Com Service and Offerings in a manner consistent with all
applicable laws and regulations and in accordance with the terms
and conditions set out below and in the "Rules of
Conduct" that describe conditions for use of IcySpicy.Com
Chat rooms, Email etc. (collectively, the "Terms of
Service").
1. General Terms: By using the
Service, you agree to be legally bound and to abide by the Terms
of Service, just as if you had signed this Agreement. If you do
not comply and/or continue to comply with the Terms of Service,
IcySpicy.Com may terminate your right to access the Public Areas
of the Service. Public Area(s) are those areas of the Service that
are generally accessible to other users, such as chat rooms,
message boards and file uploads. IcySpicy.Com may discontinue or
alter any aspect of the Service, including, but not limited to, (i)
restricting the time of availability, (ii) restricting the
availability and/or scope of the service for certain platforms
(i.e., computer types and operating systems), (iii) restricting
the amount of use permitted, and (iv) restricting or terminating
any user's right to use the Service, at sole discretion of
IcySpicy.Com and without prior notice or liability. You are
responsible for all charges (e.g., telephone, ISP fees) associated
with connecting to the service through an available access number.
You are also responsible for obtaining or providing all telephone
access lines, telephone and computer equipment (including modem),
or other access device, necessary to access the service. You
further certify that you are an individual (e.g., not a
corporation). You acknowledge that the Service contains
information, software, photos, video, graphics, music, sounds or
other material (collectively, "Content") that are
protected by copyrights, trademarks, trade secrets or other
proprietary rights, and that these rights are valid and protected
in all forms, media and technologies existing now or hereinafter
developed. All content will be copyrighted as a collective work
under the U.S. copyright laws, and IcySpicy.Com will own a
copyright in the look, style, selection, coordination, arrangement
and enhancement of such content. You may not modify, publish,
transmit, participate in the transfer or sale, create derivative
works, or in any way exploit, any of the content, in whole or in
part. You may not upload, post, reproduce or distribute content
protected by copyright, or other proprietary right, without
obtaining permission of the copyright owner. IcySpicy.Com and the
IcySpicy logo are patent pending trademarks of IcySpicy.Com LLC.
All other logos and trademarks appearing on the service are
trademarks of their respective owners.
2. Public Area Rules: You will not
engage in any conduct that in the discretion of IcySpicy.Com
restricts or inhibits any other person from using or enjoying the
service. You agree to use the service only for lawful purposes.
You certify that you are an individual (e.g., not a corporation)
and at least eighteen (18) years of age or have specific
permission from a parent or legal guardian to use the service. You
are prohibited from posting on or transmitting through the service
any unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, profane, hateful, racially,
ethnically or otherwise objectionable material of any kind,
including, but not limited to, any material which encourages
conduct that would constitute a criminal offense, give rise to
civil liability or otherwise violate any applicable local, state,
national or international law. IcySpicy.Com may elect to
electronically monitor the Public Areas for adherence to the Terms
of Service and may disclose any user information, content, records
or electronic communication of any kind (i) to satisfy any law,
regulation or authorized governmental request, (ii) if such
disclosure is necessary to operate the IcySpicy.Com Service, or
(iii) to protect the rights or property of IcySpicy.Com or its
partners. IcySpicy.Com reserves the right to prohibit conduct,
communication or content which it deems in its discretion to be
harmful to individual users or other third-party rights, or to
violate any applicable law.
3. DISCLAIMER OF WARRANTY AND
LIMITATION OF LIABILITY: YOU AGREE THAT USE OF THE SERVICE IS
ENTIRELY AT YOUR OWN RISK. THE INFORMATION, SERVICES AND PRODUCTS
AVAILABLE TO YOU ON ICYSPICY.COM MAY CONTAIN ERRORS AND IS SUBJECT
TO PERIODS OF INTERRUPTION. ICYSPICY.COM SERVICES ARE PROVIDED
"AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR
INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED
THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT
LIMITATION ANY ICYSPICY.COM SOFTWARE LICENSED TO YOU AND THE
RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, ICYSPICY.COM
DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1)
ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF
INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE
OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR
INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF
RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY
ACKNOWLEDGE THAT ICYSPICY.COM IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND
THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH
YOU. NEITHER ICYSPICY.COM NOR ANY OF ITS PARTNERS, AGENTS,
AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE
SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. YOU HEREBY
ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL
CONTENT ON THE SERVICE. You agree to indemnify and hold
IcySpicy.Com, its partners, agents, affiliates and content
partners harmless from any dispute which may arise from a breach
of terms of this Agreement. You agree to hold IcySpicy.Com
harmless from any claims and expenses, including reasonable
attorney's fees and court costs, related to Customer's violation
of this Agreement, including the Terms of Service or any Content
placed on the Service by you.
4. IcySpicy.Com has affiliation
with some of the leading online retailers in order to help its
users find as many prominent online retailers as possible, rather
than to endorse only a few, as some other Web sites do. Although
we initially reviewed each site linked from the IcySpicy.Com, the
sites are owned and operated by independent retailers, and
therefore, IcySpicy.Com cannot ensure that you will be satisfied
with their products or services.
5. Miscellaneous: This Agreement
shall be construed and controlled by the laws of the State of
Connecticut, USA. Further, any dispute arising from the terms of
this agreement or a breach of this Agreement will be governed by
the laws of the State of Connecticut, USA. Customer agrees to
personal jurisdiction by the state and federal courts sitting in
the State of Connecticut. This Agreement constitutes the entire
agreement between the parties with respect to the subject matter
contained herein and supersedes all previous and contemporaneous
agreements, proposals and communications, written or oral between
IcySpicy.Com team members and you. IcySpicy.Com
may amend or modify this Agreement or impose new conditions
at any time with or without prior notice. Any use of the Service
by you after such shall be deemed to constitute acceptance by you
of such amendments, modifications or new conditions.
FOR SOME REASONS IF YOU ARE
DISSATISFIED WITH “ICYSPICY.COM”
SERVICES, OR ANY PORTION THEREOF, YOUR BEST SOLUTION SHALL
BE TO DISCONTINUE USING THE WEB SITE.
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