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| Terms of Use |
Please Ensure That You Completely Read These Terms And Conditions Of Use Before Using This Site.
By using this site, you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use the site. Iceus reserves the right, at its discretion, to add, change, modify, or remove portions of these terms at any time. Please check these terms regularly for changes. Your continued use of Iceus following the posting of any changes to these terms will mean you accept those changes.
By using this site you expressly agree that use of Iceus is at your sole risk. Neither Iceus nor its affiliates, nor any of its officers, directors, or employees, agents, third-party content providers, licensers, sponsors, merchants or the like, warrant that Iceus will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of Iceus and it's services, or as to the accuracy, reliability or currency of any information content, service or merchandise provided through Iceus.
General
Iceus is provided on an "as is," "as available" basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by Iceus nor its affiliates, nor any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or the like, shall create a warranty, nor should you rely on any such information or advice.
Under no circumstances shall Iceus or any other party involved in creating, producing, or distributing Iceus be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Iceus, including but not limited to reliance by you on any information obtained from Iceus or that result from mistakes, omissions, interruptions, deletion of files or email, delays in operation, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Iceus's records, programs, or services. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through Iceus. Due to the fact that some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Information on this web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Iceus may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
Iceus makes no representations whatsoever about any other web site which you may access through this one. When you access a non-Iceus web site, please understand that it is independent from Iceus, and that Iceus has no control over the content on that web site. In addition, a link to a non-Iceus web site does not mean that Iceus endorse or warrants in any way whatsoever or accepts any responsibility, from the use of such web site.
Limitation Of Liability
Under no circumstances whatsoever shall Iceus be liable for any loss of data, lost profits or any damages including, without limitation, any indirect, special, incidental, consequential or other damages that result from the use of, or inability to use, the materials in this site, even if Iceus or a Iceus authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental damages or consequential damages , so the above limitation or exclusion may not apply to you. Notwithstanding the foregoing, in no event shall Iceus'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, if any, for accessing this site. By using this site you agree to hold Iceus harmless in all capacities to the fullest extent allowable by law.
Content Proprietary Rights
You ("User") acknowledge that Iceus contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, program code, and 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 is copyrighted as a collective work under the Australian copyright laws and Iceus owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. Reverse engineering or decompilation of any program code(s) is strictly prohibited. User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
Third Party Content
Iceus has no editorial control over third party content. Any opinions, advice, statements, services, offers, or other information that constitutes part of content expressed or made available by third parties, including providers, merchants, sponsors, licensers, or any other user of Iceus, are those of the respective authors or distributors and not of Iceus or its affiliates or any of its officers, directors, employees, nor any of its officers, directors, employees, or agents, nor any third party, including any provider, merchant, sponsor, licenser, or any other user of Iceus, guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through Iceus represents the opinions and judgments of the respective provider, merchant, sponsor, licenser, or user not under contract with Iceus.
Iceus neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Iceus by anyone other than authorized Iceus employees. Under no circumstances shall Iceus, or its affiliates, or any of its officers, directors, employees, or agents be liable for any loss or damage caused by a user's reliance on information obtained through Iceus. It is the responsibility of the user to evaluate the information, advice, or other content available through Iceus.
Distribution Of Third Party Content
Except as set forth in CONTENT PROPRIETARY RIGHTS above, you may upload to or otherwise distribute on Iceus only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]" used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as personal liability for damages. You, not Iceus, nor its affiliates, nor any of its officers, directors, employees, agents, Merchants, Providers, Sponsors, Licensers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. By submitting Content to any User-submit areas, User automatically grants, or warrants that the owner of such Content has expressly granted Iceus the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on Iceus retains any and all rights, which may exist in such Content.
Iceus's Rights
Iceus's rights include but are not limited to the below paragraphs.
Iceus may elect to monitor any areas of the site or any of its services and may disclose any content, records, or electronic communication of any kind to satisfy any law, regulation, or government request.
Iceus is not responsible in any way whatsoever for screening, policing, editing, or monitoring such content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, Iceus may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from Iceus.
Iceus reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual users, Iceus, or any rights of Iceus or any third party, or to violate any applicable law.
Notwithstanding the foregoing, neither Iceus nor its providers, merchants, sponsors, or licensers can ensure prompt editing or removal of questionable content after online posting. Accordingly Iceus, nor any of its officers, directors, employees, or agents, nor provider, merchant, sponsor, or licenser shall assume liability for any action or inaction with respect to conduct, communication, or content on Iceus.
Other
This agreement shall be governed by and construed in accordance with the laws of New South Wales. Australia without regard to choice of law rules. 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, signed by both parties.
Termination Of This Agreement
This agreement is effective until terminated by either party.
You may terminate this agreement at any time, by destroying all materials obtained from Iceus, along with all related documentation and all copies and installations.
Iceus shall have the right to immediately terminate this Agreement with respect to any user which Iceus, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. Iceus may terminate this agreement at any time and without notice to you. Upon termination, you must destroy all materials received from Iceus.
In addition, by providing material on our web site, we do not in any way promise that the materials will remain available to you. Iceus is entitled to terminate all or part of any of its site or services at any time, without notice to you.
Acknowledgment
This Agreement represents the entire understanding between you and Iceus regarding your relationship with Iceus and supersedes any prior statements or representations. You signify your assent to be bound by this agreement by using the Iceus web site.
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