The following terms and conditions, which include
Except as may be expressly specified otherwise by
IceMochi with respect to paid portions of the Service, IceMochi reserves
the right to add, change, suspend or discontinue the Service, or any
aspect or feature of the Service, without notice or liability.
C. Relationship to Other Agreements:
D. Registration, User Data and Accounts:
You may register for a user account that enables you to post content to a blog, message board, chat room or other forum (an “Account”). You also may be required to otherwise provide information about yourself in order to use the Service. You agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service and (ii) maintain and promptly update such data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete or not current, IceMochi has the right to suspend or terminate your Account and refuse any and all current or future use of the Service by you.
E. Rights to Use the Service:
F. Service Materials, Ownership, Trademarks and Feedback:
The term IceMochi, the IceMochi logo and other IceMochi, Inc. logos and product and service names are trademarks and service marks of, and are owned by, IceMochi. Except as expressly set forth herein, you may not use or display such trademarks in any manner without IceMochi’s prior written permission. All third party trademarks and service marks appearing on the Service are the property of their respective owners. All rights are reserved therein. Use of any IceMochi trademarks or service marks as "metatags" on other websites is prohibited.
If you provide IceMochi with comments, suggestions or feedback about, or in connection with, the Service (collectively, “Feedback”), you agree that such Feedback shall be the exclusive property of IceMochi, and you hereby assign all rights, title and interest in and to such Feedback to IceMochi. You agree that unless otherwise prohibited by law, IceMochi may use, sell, disclose and otherwise exploit the Feedback in any way and for any purpose, without restriction and without compensation to you.
G. User Content:
The Service may invite or enable you and other users to create, submit, post, display, transmit, perform, publish or distribute communications, content and materials (including without limitation text, writings, photographs, graphics, images, comments, personally identifiable information and so forth), including by making the foregoing available to IceMochi and other users of the Service, whether via e-mail or through online forums, message boards, messaging services, blogs or other functionality of the Service or portions thereof (collectively, “User Content”). IceMochi has no obligation to accept, display, review, maintain or otherwise exploit any User Content.
You understand that all User Content available in connection with the Service is the sole responsibility of the person from whom such User Content originated. IceMochi has no obligation to pre-screen, review, examine, evaluate or otherwise monitor any User Content for accuracy, completeness, timeliness, validity, legality, decency, quality, integrity, usefulness or any other quality. IceMochi makes no, and hereby disclaims any and all, warranties or other guarantees with respect to User Content. You understand that your use of the Service is at your own risk and that by using the Service, you may be exposed to User Content that is offensive, indecent, objectionable or that does not otherwise meet your needs. You agree that you must evaluate, and bear all risks associated with, the use of any User Content available in connection with the Service. Under no circumstances will IceMochi be liable in any way for any User Content made available via the Service, including, but not limited to, any errors or omissions in any such User Content, or any loss or damage of any kind incurred as a result of the use of such User Content.
H. Your Content:
User Content that you make available in connection with the Service is referred to herein as “Your Content.” You agree that Your Content is not confidential. You further agree that Your Content will not be returned to you.
You represent and warrant that Your Content is wholly
original to you and that you exclusively own the rights to Your Content,
including the right to grant all of the rights and licenses in these
or liability arising out of its exercise of such rights and licenses.
IceMochi does not claim any ownership rights in Your Content and nothing
may have to use and exploit Your Content.
IceMochi has no obligation to monitor or enforce your intellectual property rights in or to Your Content.
I. Restrictions and Rules of Use:
As a condition of your use
rules of use set forth in this Section as well as any additional restrictions
or rules (such as application-specific rules) set forth in the Service.
The Service is for your personal and noncommercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer or sell for any commercial purposes any portion of the Service, use of the Service or access to the Service, except for limited reverse engineering activities that may be, and only to the extent, permitted by applicable law.
You agree to not use the Service to transmit, make available or otherwise promote or support:
(a) any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, sexual, libelous, invasive of another's privacy, hateful, discriminatory or disparaging or otherwise objectionable or inappropriate;
(b) any User Content that promotes illegal activity, such as drug use;
(c) any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(d) any User Content that infringes any patent, trademark, trade secret, copyright or other intellectual property, proprietary or other rights of any party;
(e) any unsolicited or unauthorized advertising, promotional materials, “junk mail," “spam," “chain letters," “pyramid schemes," or any other form of solicitation;
(f) any spyware, passive collection mechanism or any other code or material that acts as a passive or active information collection or transmission mechanism;
(g) cheats, hacks, cracks, malicious programs, viruses or any other computer code, files or programs that have the effect of or are intended to modify, impair, disrupt, destroy, interfere with or limit the functionality of the Service or any portion thereof, take control of any computer software, hardware or telecommunications equipment or interrupt any user’s uninterrupted use and enjoyment of the Service; or
(h) unreleased Service content (such as in-game items or equipment), areas that have been unlocked by hacking into client data files, or data not available through normal operation or game play on any portion of the Service.
You further agree not to:
(i) 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;
(ii) interfere with, disrupt or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service;
(iii) use the Service to intentionally or unintentionally violate any applicable local, state, national or international law;
(iv) use the Service to harm minors in any way;
(v) use the Service to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual;
(vi) defraud or mislead IceMochi or other users or otherwise engage in any suspicious activity;
(vii) use the Service to engage in any commercial activity, including without limitation any attempt to raise money for any party or any purpose or advertise, promote or attempt to trade or sell a website, pyramid scheme, multi-tiered marketing scheme or any other product or service of any kind;
(viii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(ix) create any Account by automated means or false pretenses, create more than one Account per Device, or use any other user’s Account for any purpose, including to circumvent a suspension or ban;
(x) cheat or use, develop or distribute automation software programs ("bots"), "macro" software programs or other "cheat utility" software program or applications which are designed to modify the IceMochi experience to the detriment of fair play; or
(xi) sell or transfer the Service (or any portion thereof), your Account or access to your Account in exchange for legal tender or other actual currency, or for other goods, services or items of monetary value.
You also agree not to access the Service: (x) by any means other than through the interface that is provided by IceMochi for use in accessing the Service; (y) through any automated means (including the use of any script, web crawler, robot, spider, or scraper); or (z) by forging or manipulating identifiers in order to disguise the origin of any access to the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable User Content, and 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.
In addition, you agree not to use the Service or any portion of the Service that enables communications, (for example, email, online forums, message boards, messaging services or blogs), to: (1) excessively communicate the same phrase, similar phrases, or gibberish; (2) create undue discontent or disturbances among other users, such as by picking fights, making off-topic posts in forums or insulting other users of the Service; (3) post or transmit non-constructive comments; (4) abuse any functionality enabling reporting to IceMochi by sending false alarms or nonsensical messages; (5) bump forum threads; (6) number threads or post other non-contributory posts, such as IBTL (i.e., in before the lock), TLDR (i.e., “too long; didn’t read”) or “First!” posts; (6) post off-topic comments; (7) commit other actions that IceMochi considers, in its sole discretion, to be “flaming,” “trolling” or “spamming”; (8) create new threads about existing topics or separate threads about an existing topic for further discussion in more than one forum (e.g., cross-postings); or (9) links to threads from other forums unless previously approved by a moderator.
These rules of use are not meant to be exhaustive, and IceMochi reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the spirit of the Services and to take action - up to and including termination of your Account and exclusion from further participation in the Services.
J. Virtual Currency and Goods:
The Service may include virtual currency, such as cash, coins, points or similar that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, subject to applicable law (such virtual currency, “Virtual Currency”). The Service may also include virtual digital items, such as assets, commodities, abilities or other goods that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, or for Virtual Currency, subject to applicable law (such virtual items, “Virtual Goods”). IceMochi reserves the absolute right, at any time and at its sole discretion, to manage, regulate, control, modify or eliminate Virtual Currency and/or Virtual Goods as it sees fit, and IceMochi shall have no liability to you or any third party for the exercise of such rights. You shall have a limited, personal, revocable, non-transferable, non-sublicensable license to use solely within the Service Virtual Goods and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by IceMochi. You have no other right, tile or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service.
You hereby acknowledge and agree that the transfer of Virtual Currency and Virtual Goods is strictly prohibited except where expressly authorized in the Service. Outside the Service, you shall not sell, redeem or otherwise transfer Virtual Currency or Virtual Goods to IceMochi, any other user of the Service or any other party.
K. Posting On Other Websites and Linking to the Service:
IceMochi agrees to grant you a non-exclusive, limited license, revocable at IceMochi's discretion, for you to link to IceMochi's home page from any Authorized Website. You may not display the Service or any portion thereof in frames or "in-line links" without express written permission from IceMochi.
M. Disputes With Others:
You are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through the Service. IceMochi hereby disclaims any and all liability to you or any third party relating to your use of the Service. You will cooperate fully with IceMochi to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting IceMochi access to any password-protected portions of your Account. IceMochi reserves the right, but has no obligation, to monitor and manage disputes between you and other users of the Service.
N. Disclaimers of Warranties and Damages, Limitations of Liability:
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND.
THE ICEMOCHI PARTIES (AS DEFINED BELOW) HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, THE SERVICE MATERIALS AND ANY AND ALL USER CONTENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE ICEMOCHI PARTIES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS OR THE SERVICE MATERIALS OR USER CONTENT WILL BE VIEWABLE TO YOU; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED; OR (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR ANY SERVICE MATERIALS OR USER CONTENT WILL BE ACCURATE OR RELIABLE.
THE “ICEMOCHI PARTIES” ARE COMPRISED OF ICEMOCHI AND ITS AFFILIATES AND SUBSIDIARIES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that IceMochi or any other IceMochi Party may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope and duration of such warranty and the extent of IceMochi’s and such IceMochi Party’s liability shall be the minimum permitted under such applicable law.
O. Links to External Locations and Third Party Websites:
The Service may contain links to third-party websites or resources. You acknowledge and agree that IceMochi is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by IceMochi of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. IceMochi may remove any links at any time for any reason or for no reason.
Q. Governing Law and Remedies:
You agree to be responsible for obtaining and maintaining all telephone, computer hardware mobile devices and other equipment needed for access to and use of the Service, and all charges related thereto.
IceMochi operates and controls the Service from its offices in the United States. IceMochi makes no representation that the Service is appropriate or available in other locations. The information and materials provided on the Service are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject IceMochi to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Portions of the Service may be subject to United States export controls. You agree to comply with such export controls, as well as similar such controls in any applicable jurisdiction. Without limiting the foregoing, you agree that no software from the Service may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software or applicable portion of the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
For all correspondence, please email us at support@IceMochi.com.
© 2009-2017 IceMochi, LLC.
Last modified: January 5, 2017.