ICECAP - Terms And Conditions

TERMS AND CONDITIONS
IMPORTANT -- READ CAREFULLY

ICECAPdb.com welcomes you!  ICECAPdb.com is an application (the 'Software') via the Website: www.ICECAPdb.com.  Prior to using the current version of the Software you must first agree to the terms and conditions for use ('Terms of Service' or 'TOS'), the end-user license agreements below and any agreements that are displayed during registration ('Agreement(s)'). These TOS and Agreement(s) are legally binding contracts that should be read in their entirety.

If you click on the "Submit" button and thereby register to use the Software, you acknowledge that you have read, understand and agree to be bound by the Terms of Service of the end-user license agreements below. If you click on the "Cancel" button, you are not granted a license to use any of the Software.  

1.  ACCEPTANCE OF TERMS.
ICECAPdb.com provides its services to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time by visiting ICECAPdb.com and clicking on the Terms and Conditions link at the top of the page. The Software and any and all resulting services are not intended for use by or available to persons under the age of eighteen (18) living in the United States. 

IF YOU ARE UNDER 18 YEARS OF AGE AND LIVE IN THE UNITED STATES, YOU MAY NOT USE THE APPLICATION OR THE SERVICES. 

You acknowledge and agree that ICECAPdb.com is not liable or responsible to you or any third party for the Software, or your use of the Software, including any third party software that you may use or access while using the Services.  ICECAPdb.com does not accept liability for, or makes any representations, warranties or conditions regarding the Software, including without limitation, the Software's accuracy, suitability for a
particular purpose, merchantable quality, or otherwise. You bear the entire risk and cost associated with the use of the Software, including impaired performance of the Services or your computer if you use any of the Software.  Obligations of ICECAPdb.com, if any, are several and not joint.

You acknowledge that the privacy policies of ICECAPdb.com do not extend to information collected by third parties while you are on a third party web site. You agree that you are responsible for reviewing and consenting to any third party privacy policies before disclosing personal information to such third party. You agree that ICECAPdb.com and the other licensors contemplated by this agreement may use or implement "session cookies" to help you authenticate to the Software.  A "session cookie" for purposes of this agreement is generally defined as a cookie with a small piece of text that is sent to your browser when you access a web site or server. The session cookie will be stored temporarily in your computer's RAM (random access memory). It is cancelled when you close your browser and the session is ended. The session cookie may be written to the temporary folders or cached on your computer, but will not permanently overwrite the browser or control settings on your computer. A "persistent cookie" for purposes of this agreement is generally a cookie with a small piece of text that is sent to your browser when you access a web site or server and is stored on your computer's disk. 

In exchange for receiving the benefits provided by the Software, you hereby grant ICECAPdb.com permission to utilize the disk space and bandwidth of your computer.  Due to the ever-changing nature of media players, browsers, and other software distributed on the Internet, ICECAPdb.com has included an auto update feature to ensure that you have the most recently released version of the Software.  You consent to such automatic updates and agree that these TOS will apply to all such updates.  Unless explicitly stated otherwise, any new features that augment or enhance the current Software, including the release of new ICECAPdb.com properties, shall be subject to the terms of the License herein.  

2.  HOW IT WORKS
BY PARTICIPATING IN THE ICECAPdb.com FREE TRIAL OFFER THE MEDIAPIPE SOFTWARE WILL ENABLE YOU TO ACCESS THE AVAILABLE CONTENT FOR THE PERIOD OF TIME THAT SPECIFIED ON THE ADVERTISMENT YOU HAVE CLICKED THROUGH. IF YOU DO NOT PROVIDE PAYMENT INFORMATION DURING THE TRIAL PERIOD OUR BILLING SOFTWARE WILL BE ENABLED UPON THE EXPIRATION OF YOUR TRIAL PERIOD. THE BILLING SOFTWARE WILL RUN ON YOUR COMPUTER, DISPLAYING POP-UP WINDOW REMINDERS THAT PROVIDE YOU WITH VARIOUS METHODS OF PAYMENT FOR THE ANNUAL LICENSE. THESE POP-UP WINDOWS WILL APPEAR MORE FREQUENTLY UNTIL YOU CHOOSE ONE OF THE PAYMENT OPTIONS AND PAY FOR THE LICENSE. THE BILLING SOFTWARE IS SOLELY DESIGNED TO PREVENT FRAUDULENT AND UNAUTHORIZED USE OF THE ICECAPdb.com SOFTWARE.

3. DESCRIPTION OF SERVICE
ICECAPdb.com  provides users with access to a rich collection of resources, including various tools, forums, services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for ICECAPdb.com to provide the Service. You agree to receive emails from ICECAPdb.com, such as service announcements, and administrative messages, and that these communications are considered part of ICECAPdb.com membership and you will not be able to opt out of receiving them. 

Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new ICECAPdb.com properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that ICECAPdb.com assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. 

4. YOUR OBLIGATIONS 
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself  and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ICECAPdb.com have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ICECAPdb.com have the right to suspend or terminate your use of the Service and refuse any and all current or future use of the Service (or any portion thereof). ICECAPdb.com are concerned about the safety and privacy of all its users, particularly children. For this reason, nobody under the age of 18 are permitted to contract for to the Service or Software and by accepting the Software you are certifying that you will not permit anyone under the age of 18 to access the Service or Software without your knowledge and consent. When you use ICECAPdb.com Software or Service, you certify that you are at least 18 years old and that you are the legal guardian of the child/children who have access to your computer. 

You are solely responsible for controlling access to your computer system and the Internet via your computer system.  Access may be controlled through a variety of security measures including password protections and parental controls.  Please contact your system manufacturer for more information on
access controls.

5.  ICECAPdb.com PRIVACY POLICIES 

Registration Data and certain other information about you is subject to our Privacy Policy which is can be viewed by clicking on the Privacy link at the
top of every ICECAPdb.com Webpage.  You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by ICECAPdb.com  and its affiliates. You acknowledge and understand that certain materials and files provided to you may violate your local laws and regulations; therefore, you must determine if your local laws and regulations will permit access to certain materials and files

6. MEMBER CONDUCT 
You agree to not use the Service to:
a.  harm minors in any way;
b.  interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected 
to the Service;  
c.  intentionally or unintentionally violate any applicable local, state, national or international law;
You further understand that the Service and software embodied within the Service may include security components that permit digital materials to be
protected, and use of these materials is subject to usage rules set by ICECAPdb.com and/or content providers who provide content to the
Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public 
exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE 
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

8. INDEMNITY 
You agree to indemnify and hold ICECAPdb.com, and their subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or 
demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use 
of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

9. NO RESALE OF SERVICE OR SOFTWARE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service or Software.

10.  MODIFICATIONS TO SERVICE 
ICECAPdb.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that ICECAPdb.com shall not be liable to you or to any third party for any modification, suspension or
discontinuance of the Service.

11. TERMINATION 
You agree that ICECAPdb.com may, under certain circumstances and without prior notice, immediately terminate your ICECAPdb.com account, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account
deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f)
extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with
the Services. Termination of your ICECAPdb.com  account includes: (a) removal of access to all offerings within the Service  (b) deletion
of your password and all related information, files and content associated with or inside your account (or any part thereof); and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in ICECAPdb.com's sole discretion and that ICECAPdb.com shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.

12. DEALINGS WITH ADVERTISERS 
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that ICECAPdb.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

13. LINKS 
The Service may provide, or third parties may provide, links to other World Wide Websites or resources. Because ICECAPdb.com has no control
over such sites and resources, you acknowledge and agree that ICECAPdb.com are not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that ICECAPdb.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

14.  ICECAPdb.com 'S PROPRIETARY RIGHTS 
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by ICECAPdb.com  or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. ICECAPdb.com grant you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is
provided by ICECAPdb.com for use in accessing the Service.

15. SOFTWARE CONFLICTS
Conflicts may occur with other software applications that may already be installed on your computer. ICECAPdb.com software reports back to our servers what applications may be running on your system and will resolve these conflicts whenever possible. This will make our software more reliable and provide you with products and services that are compatible with your current
system settings. 

16. ADVERTISEMENTS
ICECAPdb.com reserves the right to run advertisements and promotions via its Website. By accepting the terms of this License, you agree that ICECAPdb.com has the right to run such advertisements and promotions without compensation to you. The timing, frequency, placement and extent of advertising are subject to change and shall be determined in our sole discretion. Your business dealings with, or participation in promotions of
advertisers found on or through ICECAPdb.com's Website or the Application, including payment and delivery of related goods or services, and any other terms, conditions, warranties 
or representations associated with such dealings, are solely between you and the advertiser. You agree that ICECAPdb.com will  not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of
the presence of such advertisers on the Website or on the Application.

17. DISCLAIMER OF WARRANTIES 
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 
a.  YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ICECAPdb.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b.  ICECAPdb.com  MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ICECAPdb.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e.  A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION,
CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

18. LIMITATION OF LIABILITY 
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ICECAPdb.com SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ICECAPdb.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

19. EXCLUSIONS AND LIMITATIONS 
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

20. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.

21. NOTICE 
ICECAPdb.com may provide you with notices, including those regarding changes to the TOS, by email, regular mail, or postings on the Service.

22. TRADEMARK INFORMATION 
The ICECAPdb.com logos,  are trademarks and service marks and other ICECAPdb.com logos and product and service names are trademarks of ICECAPdb.com.  You agree not to display or use in any manner, without ICECAPdb.com's prior permission. 

23. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
ICECAPdb.com respects the intellectual property of others, and we ask our users to do the same. ICECAPdb.com may, in appropriate
circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been
copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ICECAPdb.com's Copyright Agent the following information:

a.  an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b.  a description of the copyrighted work or other intellectual property that you claim has been infringed;
c.  a description of where the material that you claim is infringing is located on the site;
d.  your address, telephone number, and email address;
e.  a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f.  a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual 
property owner or authorized to act on the copyright or intellectual property owner's behalf.  ICECAPdb.com's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

 By mail:
 Copyright Agent
 c/o ICECAPdb.com
 501 N. Riverside Dr #204  Gurnee, IL  60031

24. GENERAL INFORMATION 
Entire Agreement. The TOS constitutes the entire agreement between you and ICECAPdb.com and governs your use of the Service, superseding any prior agreements between you and ICECAPdb.com with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other ICECAPdb.com services, affiliate services, third-party content, or third-party software.

Choice of Law and Forum. The TOS and the relationship between you and ICECAPdb.com shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and ICECAPdb.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Lake, Illinois.  All disputes relating to this Agreement (except those related to intellectual property rights) shall be subject to final and binding arbitration in Lake County, Illinois and governed by the American Arbitration Association’s commercial arbitration rules.

Waiver and Severability of Terms. The failure of ICECAPdb.com to exercise or enforce any right or provision of the TOS shall not constitute a
waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full
force and effect.

No Right of Survivorship and Non-Transferability. You agree that your ICECAPdb.com account is non-transferable and any rights to your
ICECAPdb.com ID or contents within your account terminate upon your death.  Upon receipt of a copy of a death certificate, your account may be
terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the
Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for
convenience only and have no legal or contractual effect.

U.S. Government Restricted Rights Legend.  The Software and any documentation provided are commercial in nature and have been developed exclusively at private expense.  Use, duplication or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7103 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights section at 48 C.F.R. 52.227-19, and any other successor regulations, as applicable.

25. VIOLATIONS
Please report any violations of the TOS to our Customer Care group by clicking on our Feedback link at the top of any ICECAPdb.com Webpage.

Rev. 1/5/2007 tjz