Theicebreak Terms of Use Agreement

Last Updated August 9, 2011

By using the theicebreak.com Website, (the "Website") you ("You"), the user, are agreeing to be bound by these Terms of Use (this "Agreement"). "Service(s)" refers to your use of Theicebreak.com for any purpose whatsoever. We ("We") refers to Theicebreak.com. Do not use this Website or become a member if You object to anything in this Agreement or in the Theicebreak.com Privacy Policy. Theicebreak.com reserves the right to change the Terms of Use at any time.  Such changes will become effective upon notification, which we may effect by sending You notice by email and/or posting a revised Agreement on the Theicebreak.com Website, and your use of the Service after such notification constitutes acceptance by You of the changes.  You agree to review this Agreement periodically to be aware of any such revisions.

This Agreement is an electronic contract that details the legally binding terms of your use of the Website. 

Eligibility

You must be 18 years of age or older to visit, register, become a member, or use in any manner this Website. By visiting Theicebreak.com, using this Website, or accepting the Terms of Use, You represent and warrant to Theicebreak.com that You are 18 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 Website, 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. Theicebreak.com DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, Theicebreak.com reserves 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 Theicebreak.com that You will use this Website 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, use the Website, and/or are a member (a “Member”). You may terminate your membership at any time, for any reason at all, by following the instructions on the Settings page. Theicebreak.com 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 the sole discretion of Theicebreak.com. 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

This account is for your personal use only.  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.  Illegal and or unauthorized use of the Website, including but not limited to collecting personal information, usernames, and email addresses of members by electronic or other means for the purpose of sending unsolicited email, unauthorized embedding, unauthorized framing, of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive compensation. Theicebreak.com has the right to investigate and refer You to applicable law enforcement authorities if You have misused the Service, taken any actions in defiance of this Agreement or the Privacy Policy, or if You have conducted actions that are fraudulent, abusive, harmful, unlawful or illegal.

Your Account Security

You are responsible for keeping your password for Theicebreak.com confidential. You are fully responsible for all actions and activities that occur under your username and password. Theicebreak.com 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 Theicebreak.com.

Communication and Privacy

We may use your email address to send You messages notifying You of important changes to the Services or special offers. Further, we may contact You by telephone if You voluntarily provide us with your telephone number, in order to communicate with You regarding the Services. If You do not want to receive such email messages or telephone calls (including at any wireless number You may have voluntarily provided us), please refer to our Privacy Policy to review your options.

Your Interactions with Other Members

You are fully and solely responsible for your interactions with other Members. You agree and understand that Theicebreak.com is not obligated to review the backgrounds of its Members, or to screen Members. Theicebreak.com makes no guarantees, warranties, or representations as to the actions or conduct of Members. Theicebreak.com makes no guarantees as to number or frequency of matches through the Website.  Also, we do not guarantee, warrant, endorse, or imply compatibility with any current or future Members. In absolutely no event shall Theicebreak.com be liable for any damages resulting from messages, communications, meetings, or actions with other visitors and users of this Service, that You meet through this Website. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with other Members of the Service; this is especially important if You decide to meet in person or not online. In absolutely no event shall Theicebreak.com 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 and Website.  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 visitors of Theicebreak.com. We reserve the right to, but have no obligation to, monitor arguments and disputes between You and other Members and visitors.

Rules for Your Conduct on Theicebreak.com

The following is a partial list of the Rules for your conduct on Theicebreak.com. You agree to abide by these rules:

  • Any content, words, photographs, messages, or other information (collectively, “Content”) posted on the Website shall remain your sole and exclusive property, and you shall be solely responsible for your Content and the consequences of posting or publishing it.
  • You agree to not post, publish, or transmit in any manner contact information that includes, but not limited to, instant messenger handles, e-mail addresses, telephone numbers, postal addresses, urls that link to contact information, or full names on any public area, including your profile.
  • You agree that You will create only one unique profile.  In addition, your use of the Service must be for bona fide social interaction purposes in order to maintain the integrity of the Service (for example, You may not use the Service solely to compile a report of compatiable singles in your area, or to write a school research paper).
  • You agree that You will not pretend to be any person or entity other than yourself.
  • You agree to keep all personal login information, like passwords, private and confidential, and You agree not to give such information to anyone without the express permission of the person who provided it to You.
  • You agree that You will not imply or state that any statements You make are endorsed by Theicebreak.com without our prior written consent.
  • You agree that You will not use Theicebreak.com to transmit, upload, or distribute any electronic/computer viruses, trojan horses, or anything else that might cause harm to other Members of the Service, Theicebreak.com, the online community, or Theicebreak.com systems.
  • You agree that You will not use Theicebreak.com to promote, condone, endorse, distribute, publish, or post any material that solicits money, funds, or people.
  • You agree that You will not use Theicebreak.com to advertise or solicit for commercial goods or services.
  • You agree that You will not stalk another Member of Theicebreak.com.
  • You agree that You will not use a robot, spider, manual/automatic processes or devices to data-mine, data-crawl, scrape, or index the Website in any manner.
  • You agree that You will not harass, annoy, intimidate or threaten any Theicebreak.com employees or agents engaged in providing any portion of the Services to you.
  • You agree that You will not hack or interfere with the Theicebreak.com site, its servers, or any connected networks.
  • You agree that You will not modify the Website and/or the Service for your own personal or commercial purposes. This includes, but is not limited to, altering, adapting, licensing, sublicensing, or translating the Website and/or the Service. You also agree that You will not aid others in such activities.
  • You agree that You will not remove or alter, visually or not, any copyrights, trademarks, or proprietary marks and rights owned by us.
  • You agree that You will not forge, manipulate, or plagiarize messages, communications, headers, or identifiers to make it seem like such Content is from the Service, or Service Members, when in fact it is not.
  • You agree that You will not post, publish, display, or transmit in any way proprietary information, copyrighted material, and trademarks that do not belong to You without first obtaining the prior consent of the owner of such rights.

Content Posted by You on Theicebreak.com

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 Theicebreak.com or any other user.  If information provided to Theicebreak.com or another user subsequestnly becomes inaccurate, misleading or false, You will promptly notify Theicebreak.com 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 Theicebreak.com. You absolutely will not transmit to other Members any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offfensive, 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).

Theicebreak.com may review and delete any offending communication, posting, content, messages, photographs, files, or profiles, that in the sole judgment of Theicebreak.com 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 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 Theicebreak.com.

  • Content that advocates, endorses, condones, or promotes harassment of others, or Content that actively or indirectly harasses others.
  • Content that is offensive and harmful, including but not limited to, Content that advocates, endorses, condones, or promotes racism, bigotry, hatred, or physical harm of any kind against any individual or group of individuals.
  • Content that involves the creation of or transmission of spam, unsolicited mail, junk mail, or chain letters.
  • Content that asks for or solicits passwords or personal identification information for unlawful or commercial purposes from other Members.
  • Content that engages other users in promotional, commercial activities, or sales without our prior written consent. For example, but not limited to sweepstakes, contests, pyramid schemes, or advertising.
  • Content that provides materials or access to materials that exploits people under the age of 18 in an abusive, violent, or sexual manner.
  • Content that solicits personal information or any information from anyone under the age of 18.
  • Content that You promote, post, publish, provide, upload or display that You know is false, inaccurate, misleading, or promotes illegal activities.
  • Content that is abusive, threatening, obscene, libelous, or defamatory.
  • Content that is, uses, promotes, or links to an illegal or unauthorized copy of another person's copyrighted work or intellectual property; for example, but not limited to, stolen images, photographs, video, or audio files.
  • Content that provides instructions on how to conduct illegal activities.

By posting, publishing, providing, uploading, or displaying Content to Theicebreak.com, You are granting, and represent and warrant that You have the right to grant Theicebreak.com, 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 use of such Content by Theicebreak.com in public postings, marketing uses, and other areas will not infringe or violate the rights of any third party.

Content 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 Theicebreak.com, or in association with Theicebreak.com and its Service, in an unauthorized manner that constitutes infringement of copyright, please give our Copyright Agent the following information:

  • A physical or electronic signature of the individual or entity who owns the copyright;
  • A description of and url link to the copyrighted work on Theicebreak.com that You believe has been infringed upon;
  • Your postal mailing address;
  • Your telephone number;
  • Your e-mail address;
  • A written statement by You that You believe, in good faith, that the usage of the work is not authorize or consented upon by the rightful copyright owner

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.com Copyright Agent
support@theicebreak.com

Our Proprietary Rights

This Website contains trademarks, copyrighted material, intellectual property, and other proprietary information of Theicebreak.com. We own and retain absolutely all proprietary rights of the Website and its Service. You agree that You cannot copy, alter, duplicate, transmit, post, publish, display, sell, or publish any of our proprietary information, unless, of course, the information is in the public domain or we have given You explicit written permission.

Virtual Currency and Goods

The Services may include virtual currency (“Virtual Currency”) including, but not limited to coins, cash, or points, that may be purchased from Theicebreak.com for “real world” money, if you are a legal adult in your country of residence. The Services may also include virtual digital items (“Virtual Goods”) that may be purchased from Theicebreak.com 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 theicebreak.com or any other party, except where explicitly authorized within the Services.

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 Services, or any other attributes associated with use of the Services or stored within the Services.

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 Services. Outside of the Services, 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 the Terms of Service 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 Services.

No Guarantees

Theicebreak.com is not responsible for any inaccurate or incorrect Content that is posted on the Website by users, or associated with the Service in any way. We are not responsible for the actions, words, or conduct, whether on Theicebreak.com or offline, by any user of the Website. 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. Theicebreak.com is 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 Website. We are not responsible for any technical malfunction, failure, or damage to your computer as a result of using or visiting Theicebreak.com or our Service. We are not responsible for the deletion, for whatever reason, of any Content posted by You or any other user.

Theicebreak.com does not guarantee that using the Website will result in meeting someone online or offline, and we do not guarantee that using this Website will result in any type of relationship or relationship potential between You and another person or group of people. Theicebreak.com does not guarantee your compatibility, online or offline, with any other Members of the site, whether recommended, suggested, or not. Any advice that may be posted on the Website 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 YOU USE Theicebreak.com AND ITS RELATED SERVICES AT YOUR OWN RISK. Theicebreak.com'S SERVICES ARE 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.

Theicebreak.com PROVIDES ON-LINE PERSONAL DATING AND SOCIAL INTERACTION SERVICES AND TOOLS TO SINGLES AND OTHER SIMILARLY INTERESTED INDIVIDUALS, AS WELL AS FORUMS FOR DISCUSSION AND COMMENTARIES TO SUBSCRIBERS THROUGH THE WEBSITE AND OTHER MEANS OF DISTRIBUTION. Theicebreak.com DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF, OR OTHERWISE ENDORSE ANY INFORMATION CONTAINED ON Theicebreak.com. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT DISTRIBUTED BY Theicebreak.com 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 INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SERVICE BY Theicebreak.com, 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 Theicebreak.com, ITS 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 CONTENT DISTRIBUTED BY Theicebreak.com AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE Theicebreak.com 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 WEBSITE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER Theicebreak.com HAS 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.

Indemnity

You agree to hold harmless, defend, and indemnify Theicebreak.com, all officers, founders, executive management, subsidiaries, licensors, advertisers, merchants, licensees, directors, owners, partners, agents, affiliates, and employees against and from all, including but limited to, loss, claim, demand, costs, liability, lawsuits, attorney's fees, incurred by such persons or groups in conjunction with any dispute or claim arising out of your breach of this Agreement and the Privacy Policy. You agree to cooperate fully as would be required by such a claim. Theicebreak.com has the right, at its own costs, to fully and exclusively defend itself in relation to any claim of indemnification by You.

Member Protection & IP Address Blocking

In order to help protect our Members, we have the right to limit and restrict the number of emails which a Member may send to other Members. The time limit and number of emails we decide to limit this to is up to our sole discretion, and may be changed at any time.

In order to help protect the quality of Theicebreak.com, we reserve the right, at any time, and in our sole discretion, to block Members from certain IP addresses from using and accessing the Website.

Links to Third Parties and External Sites

At times, Theicebreak.com may post, publish, display, or transmit links to other Websites, information, or other resources on the Internet. You understand and agree that Theicebreak.com is not liable or responsible for any of the Content, information, availability, products, services, or goods on any linked-to external Website or linked-to resources that a Member might visit or use.

Termination or Modifications to Theicebreak.com

Theicebreak.com reserves the right, whenever, to end, discontinue, terminate, temporarily or permanently stop in part or in full the Website and Service, with or without notice. You are agreeing that Theicebreak.com shall not be liable to You or any other party for ending, discontinuing, suspending, terminating or permanently stopping the Website or Service. Theicebreak.com reserves the right to modify the Website whenever we choose, at our sole discretion.

Privacy

Use of Theicebreak.com is also governed by our Privacy Policy. When visiting, using, or becoming a Member of Theicebreak.com, You are agreeing to be governed by both our Terms of Use Agreement and the Privacy Policy.

Governing Law

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 Theicebreak.com's services, each user agrees that any and all disputes and causes of action arising out of or connected with Theicebreak.com, 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 Theicebreak.com services, You agree that any and all disputes and causes of action arising out of or connected to our services 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 Theicebreak.com 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.

Severability

This Agreement contains the entire agreement between You and Theicebreak.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Miscellaneous

This Agreement is not assignable, transferable or sublicensable without the prior written consent of Theicebreak.com. Theicebreak.com 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.

© Copyright 2013 theicebreak.com.