Last Updated February 10, 2014
BY ACCESSING OR USING THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, WHETHER OR NOT YOU ARE A REGISTERED USER OF THE SERVICE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE. If you accept or agree to the terms and conditions of this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
We reserve the right to amend this Agreement at any time by notifying you as provided in this Agreement, provided that no notice shall be required for non-substantive changes to the Agreement. If we substantively amend this Agreement, we will give you at least seven (7) days’ notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service. This Agreement applies to all visitors to our website, including those who register to use the Service as members (“Members").
You must be 13 years of age or older to visit our website, register to use the Service or become a Member or use the Service, in any manner. By visiting our website or using the Service, and thereby accepting the terms of this Agreement, you represent and warrant to us that you are at least 13 years of age or older, and that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. By requesting to use, registering to use, and/or using the Service, you represent and warrant that you have never been convicted of a felony and are not required to register as a sex offender with any government entity. WE DO NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON MEMBERS. However, we reserve the right to conduct a criminal background check, at any time and using publicly available records, to confirm your compliance with this section. You also represent and warrant to us that you will use the Service in a manner consistent with any and all applicable laws and regulations.
Term & Account Termination
This Agreement will remain in full effect while you visit the website, use the Service, and/or are a Member. You may terminate your membership at any time, for any reason at all, by following the instructions on the Settings page. We may terminate or suspend your account, membership, and access to part of or all of the Service at any time, with or without notice, for any reason at all, including, without limitation, breach of this Agreement. All decisions regarding the termination of accounts shall be made at our sole discretion. We are not required to provide you notice prior to terminating your membership, and even after your account is terminated, this Agreement will remain in effect.
Illegal and Unauthorized Use
Your Account Security
You are responsible for keeping your password for your account on the Service confidential. You are fully responsible for all actions and activities that occur under your username and password. We will not be held liable for any damage or loss arising from your inability to comply with this provision. To help keep your username and password secure and confidential, we recommend that you exit from your account at the end of each session, especially when on a public machine. If you feel that your username and password have been breached, or that your account has had unauthorized use, you agree to immediately notify us.
Communication and Privacy
Your Interactions with Other Members
You are fully and solely responsible for your interactions with other Members. You agree and understand that we are not obligated to review the backgrounds of Members or to screen Members. We make no guarantees, warranties, or representations as to the actions or conduct of Members. In absolutely no event shall we be liable for any damages resulting from messages, communications, meetings, or actions with other visitors and users of the Service. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with other Members; this is especially important if you decide to meet in person or not online. In absolutely no event shall we be held liable for any damages, in any form, whatsoever arising out of or relating to the conduct of you or anyone else in connection with the use of the Service. This includes, without limitation, that we will not be held liable for any mental instability, emotional distress, or bodily injury whether indirect, direct, incidental, accidental arising out of or relating to conduct of you or anyone else in connection with the Service. To find out more about how to safely interact with other Members, please review our Safety Tips.
You are solely responsible for your communications and interactions with other Members and users of the Service. We reserve the right to, but have no obligation to, monitor arguments and disputes between you and other Members and visitors to our website.
Rules for Your Conduct When Using the Service
The following is a partial list of the Rules for your conduct when using the Service. You agree to abide by these rules:
Content Posted by You on the Service
You are fully and solely responsible for all of the Content that you provide, publish, display, or upload on the Service. You are also fully and solely responsible for any Content that you transmit to other Members. You agree that you will not provide any inaccurate, misleading or false information to us or any other Member. If information provided to us or another Member subsequently becomes inaccurate, misleading or false, the you will promptly notify us of such change.
All information you include in your Member profile must be accurate, current and complete. You absolutely will not provide, publish, display, or transmit any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material on the Service. You absolutely will not transmit to other Members any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material. Also, you absolutely will not provide, publish, display, or transmit any material that infringes or violates another party's rights (not limited to, but including intellectual property rights, rights of privacy, and copyright rights).
We may review and delete any offending communication, posting, content, messages, photographs, files, or profiles, that in our sole judgment violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of yourself or other Members. We also reserve the right to terminate the accounts of violators. We, in our sole discretion, reserve the right to look into, investigate, and take appropriate legal action against anyone who violates this Agreement. The following is a partial list of the kind of Content that is illegal or prohibited on the Service:
By posting, publishing, providing, uploading, or displaying Content to the Service, you are granting, and represent and warrant that you have the right to grant us, an irrevocable, continuing, non-exclusive, fully paid, worldwide license to use, integrate in other works, copy, alter, display, reproduce and market such Content. You agree that our use of such Content in public postings, marketing uses, and other areas will not infringe or violate the rights of any third party.
Content that you post on the Service must be in accordance with any and all applicable laws and regulations.
Copyright, Trademarks, and Other Proprietary Information Policy
You agree not to post, publish, display, reproduce, or transmit in absolutely any manner any copyrighted Content, copyrighted material, trademarks, intellectual property, or other proprietary information without first having obtained prior consent of the owner of the rights to such proprietary information. If you believe that someone or some entity has copied or posted your work or proprietary information on the Service in an unauthorized manner that constitutes infringement of copyright, please give our Copyright Agent the following information:
A written statement made by you, under penalty of perjury, that the information in your copyright claim is completely accurate and that you are in fact the rightful copyright owner, or that you have authorized consent to act on the copyright owner's behalf.
Send claims to:
TheIceBreak Copyright Agent
2425 Market Street #12
San Francisco, CA 94114
Our Proprietary Rights
The Service contains trademarks, copyrighted material, intellectual property, and other proprietary information owned by us. We own and retain absolutely all proprietary rights of the Service. You agree that you cannot copy, alter, duplicate, transmit, post, publish, display, sell, or publish any of our proprietary information unless the information is in the public domain or we have given you explicit written permission.
Virtual Currency and Goods
The Service may include virtual currency (“Virtual Currency”) including, but not limited to coins, cash, or points, that may be accumulated from us. The Service may also include virtual digital items (“Virtual Goods”) that may be purchased from us for “real world” money or for Virtual Currency. Regardless of how they are named or described, Virtual Currency and Virtual Goods may never be redeemed for “real world” money, goods or other items of monetary value from us or any other party, except where explicitly authorized within the Service.
Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency solely in connection with your use of the Service, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service.
We have the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as we see fit in our sole discretion, and we shall have no liability to you or anyone for the exercise of such rights.
Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Service. Outside of the Service, you may not buy or sell any Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value. Any attempt to do so is in violation of this Agreement and may result in a lifetime ban from the Service and possible legal action.
You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Virtual Currencies may be forfeited if your account is terminated or suspended for any reason, in our sole and absolute discretion, or if we discontinue providing the Service.
We are not responsible for any inaccurate or incorrect Content that is posted on Service by users, or associated with the Service in any way. We are not responsible for the actions, words, or conduct, whether as part of the Service or offline, by any user of the Service. We are not responsible for any errors or delays in communications between Members. We are not responsible for the Content of messages, or in-person communications, between Members. We are also not responsible for any unauthorized alteration of Member messages and communications, or any unauthorized access to Member accounts. We are not responsible for any damage to users, including but not limited to, loss, damage, personal injury, theft, or death resulting from anyone's use of the Service. We are not responsible for any technical malfunction, failure, or damage to your computer as a result of using the Service. We are not responsible for the deletion, for whatever reason, of any Content posted by you or any other user.
Any advice that may be posted in the Service is for entertainment purposes only, and You agree that it is not to be used to substitute for any professional relationship, medical, financial, legal, or other advice.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICEIS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW.
WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF, OR OTHERWISE ENDORSE ANY INFORMATION CONTAINED IN THE SERVICE. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT DISTRIBUTED AS PART OF THE SERVICE IS OBTAINED, THERE MAYBE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. YOU ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY MEMBER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORUS THEICEBREAK, OUR PARTNERS OR ANY USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, MEMBER PROFILE, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF THIS AGREEMENT, OR ANY SUBSEQUENT MODIFICATIONS.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR OUT OF THE BREACH OF ANY WARRANTY, OR 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 AND/OR ALTERATION OF THE SERVICE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED THE SUM OF $100.00 U.S. DOLLARS.
Member Protection & IP Address Blocking
In order to help protect Members, we have the right to limit and restrict the number of emails which a Member may send to other Members. The precise time limit and maximum number of emails is up to our sole discretion, and may be changed at any time.
In order to help protect the quality of the Service, we reserve the right, at any time, and in our sole discretion, to block Members from certain IP addresses from using and accessing the Service.
Links to Third Parties and External Sites
At times, we may post, publish, display, or transmit links to other websites, applications, information, or other resources on the Internet. You understand and agree that we are not liable or responsible for any of the Content, information, availability, products, services, or goods on any linked-to external website, application or linked-to resources that a Member might visit or use.
Termination or Modifications to TheIceBreak
We reserve the right, whenever, to end, discontinue, terminate, temporarily or permanently stop in part or in full the Service, with or without notice. You are agreeing that we shall not be liable to you or any other party for ending, discontinuing, suspending, terminating or permanently stopping the Service. We reserve the right to modify the Service whenever we choose, at our sole discretion.
This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the California. As a condition of using the Service, each user agrees that any and all disputes and causes of action arising out of or connected with the Service, shall be resolved through arbitration, with such arbitration to be held in San Francisco, California.
Additionally, except where prohibited by law, as a condition of using the Service, you agree that any and all disputes and causes of action arising out of or connected to the Service shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
This Agreement contains the entire agreement between you and us regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
This Agreement is not assignable, transferable or sublicensable without our prior written consent. We may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment is created as a result of this Agreement.
Headings are for convenience only and have no legal or contractual effect. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested.