Iced Vision Terms of Use

Welcome to the icedvision.com website (the “Site”). This Terms of Use (this “ToU”) describes the terms and conditions under which Iced Vision, LLC (“Iced Vision,” “we,” or “us”) provides you access to the Site.

You agree that your use of this Iced Vision website, application for mobile phone or tablet ("App"), service or other property (including Service and/or Service Provided Content as defined below) operated and provided to you by Iced Vision, or other software provided to you by Iced Vision, including any patches, updates, and downloadable content associated with any App or other software (collectively "Product" or "Products") which posts, links to, or otherwise incorporates this Agreement, shall be subject to the terms of this Agreement.

All rights not expressly granted to you are reserved by Iced Vision and its licensors. Use of the Product is also subject to acceptance of Iced Vision’s Privacy Policy. Please read and review both this Agreement and the Privacy Policy before using this Product. By using this Product you agree to be bound by this Agreement and the Privacy Policy and represent you satisfy all of the eligibility requirements below. Your use of the Site/Product signifies that you agree to this ToU and constitutes your binding acceptance of this ToU, including any modifications that Iced Vision makes from time to time.

Iced Vision may amend this ToU at any time by posting the amended ToU on the Site, and you agree that you will be bound by any changes to this ToU. Iced Vision may make changes to the Site at any time. You understand that Iced Vision may discontinue or restrict your use of the Site for any reason or no reason with or without notice.

Iced Vision will revise this ToU as the Site evolves. You must agree to all revisions if you choose to continue using the Site. By using the Site, you agree to the then-current version of this ToU as posted on the Site at icedvision.com. If at any point you do not agree to any portion of the then-current version of this ToU, you must immediately stop using the Site.

By using the Site, you represent that you have read our Privacy Policy. Iced Vision may revise the Privacy Policy at any time, and the new versions will be available on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Site.

As between you and Iced Vision and/or its licensors, Iced Vision and/or its licensors own the Site. Iced Vision and its licensors reserve the exclusive right to create derivative works based on the Site. You agree that you will not create any work of authorship or create any derivative works based on the Site except as expressly permitted by Iced Vision. Any reproduction or redistribution of the Site not in accordance with this ToU is expressly prohibited by law, and may result in severe civil and criminal penalties.

• 4.1 Use of Site
  Iced Vision permits you to view and use icedvision.com for your personal, non-commercial use, with the exception of video monetization privileges (see 4.6). You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Site.
• 4.2 No Violation of Laws
  You agree that you will not violate any applicable law or regulation in connection with your use of the Site.
• 4.3 Misuse of Site
  You may not connect to or use the Site in any way not expressly permitted by this ToU. Without limiting the foregoing, you agree that you will not:
  • Institute, assist, or become involved in any type of attack, including without limitation denial of service attacks upon, or hacking of, the Site or otherwise attempt to disrupt the Site or any other person’s use of the Site.
  • Attempt to gain unauthorized access to the Site or the computer systems or networks connected to the Site.
  • Obtain or attempt to obtain any information from the Site using any method not expressly permitted by Iced Vision.
  • Use any malicious software of techniques that are designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble the Site.
• 4.4 Commercial Use
  You agree that you will not use the Site for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of the Site including, without limitation, selling, licensing, or otherwise commercially exploiting “mods” of the Game. Authorized use of video monetization privileges is detailed below (see 4.6).
• 4.5 Restrictions on Content
  You may not use the Site to develop, generate, transmit or store information (including, without limitation, Content) that:
  • In the sole and absolute discretion of Iced Vision, is deemed to be offensive.
  • Is deemed unlawful, harmful, harassing, fraudulent, threatening, abusive, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent these restrictions.
  • Consists of advertisements, promotions, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication.
  • Is derogatory or harmful to the reputation of the Site, Iced Vision, or our directors, officers and employees in any way.
  • Encourages the violation of any local, state, national, or international laws or regulations.
  • Solicits other users’ passwords and/or credit card information, or personally identifiable information.
  • Is anti-social, disruptive, or destructive.
  • Carries out any action with a disruptive effect.
  • In any way obstructs or otherwise interferes with the normal performance of another person's use of the Site.
  • Constitutes harassment or a violation of privacy or threatens other people or groups of people.
  • Is harmful to children in any manner.
  • Constitutes impersonating any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias).
• 4.6 Video Monetization
  Iced Vision allows any user full permission to record and monetize video footage of any of our games on any device. These terms of use will serve as written approval if questioned.

• 5.1 Trademarks
  Iced Vision and the Iced Vision logo are trademarks/service marks of Iced Vision. Unauthorized use of any Iced Vision trademark, service mark or logo may be a violation of federal and state trademark laws.
• 5.2 Copyright
  The Site is protected by U.S. and international copyright laws. Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Site, or individual sections of the content, design or layout of the Site without Iced Vision’s express prior written permission.

Neither Iced Vision nor any of its employees and/or contractors accept or consider unsolicited ideas, original creative artwork or other works, including, without limitation, ideas or suggestions for new or improved games or technologies, game or product enhancements, marketing plans or names for new games (collectively “Unsolicited Ideas”). Please do not send your Unsolicited Ideas to Iced Vision or its employees and/or contractors. Our policy is aimed at avoiding potential misunderstandings or disputes when Iced Vision’s products or practices might seem similar to Unsolicited Ideas that are submitted. If, despite our request that you not send us your Unsolicited Ideas, you still submit your Unsolicited Ideas to us or to any of our employees and/or contractors, then, you hereby grant us and our designees a worldwide, non-exclusive, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, create derivative works of, publicly perform, publicly display and license, digitally perform, make, have made, sell, offer for sale and import your Unsolicited Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the Unsolicited Ideas to others.

The Site is operated by Iced Vision in the United States. Those who choose to access the Site from locations outside the United States are responsible for compliance with applicable local laws.

If you are a copyright owner or agent thereof and believe that content posted on the Site infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright.
• A description of the copyrighted work that you claim has been infringed.
• The URL of the location on our website containing the material that you claim is infringing.
• Your address, telephone number, and email address.
• 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.
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent can be reached by email at contact@icedvision.com, attention: Iced Vision Copyright Agent.

• 9.1 Links from the Site
  The Site may contain links to websites operated by other parties. Use of these sites is at your own risk, as linked sites are not under the control of Iced Vision, and Iced Vision is not responsible for the content available on the other sites. Such links do not imply Iced Vision’s endorsement of information or material on any other site and Iced Vision disclaims all liability with regard to your access to and use of such linked websites.
• 9.2 Links to the SiteUnless otherwise set forth in a written agreement between you and Iced Vision, you must adhere to Iced Vision’s linking policy as follows:
  • The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Iced Vision’s and/or its licensors’ names and trademarks.
  • The appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Iced Vision.
  • When selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking Site.
  • Iced Vision reserves the right to revoke its consent to the link at any time and in its sole discretion.

The Site is not directed toward children under 13 years of age nor does Iced Vision knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to Iced Vision.

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. ICED VISION MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND/OR THE CONTENT AVAILABLE ON THE SITE IS AT YOUR SOLE RISK. ICED VISION DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ICED VISION, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE EVEN IF ICED VISION AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF ICED VISION OR ANY OF THE RELATED PARTIES EXCEED TEN U.S. DOLLARS ($10).

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Iced Vision and its affiliates shall be limited to the fullest extent permitted by law.

You agree to indemnify, defend and hold Iced Vision and the Related Parties harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of any breach by you of this ToU or any other policies that Iced Vision may issue for the Site from time to time.

• 14.1 ToU Revisions
  This ToU may only be revised in a writing signed by Iced Vision, or published by Iced Vision on the Site.
• 14.2 Governing Law; Jurisdiction
  This ToU shall be governed by and construed in accordance with the laws of the State of Washington without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. Any legal proceeding arising out or relating to this ToU against or relating to Iced Vision or any Related Parties will be subject to the exclusive jurisdiction of any state or federal court sitting in Seattle, Washington and you irrevocably consent to the jurisdiction of such courts.
• 14.3 No Partnership
  You agree that no joint venture, partnership, employment, or agency relationship exists between you and Iced Vision as a result of this ToU or your use of the Site.
• 14.4 Assignment
  Iced Vision may assign this ToU, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the ToU without Iced Vision’s prior written consent, and any unauthorized assignment by you shall be null and void.
• 14.5 Severability
  If any part of this ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.
• 14.6 Attorneys' Fees
  In the event any litigation is brought by either party in connection with this ToU, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
• 14.7 No Waiver
  Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this ToU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
• 14.8 Notices
  All notices given by you or required under this ToU shall be in writing and addressed to: Iced Vision LLC, 906 West 2nd Ave STE 100 Spokane, WA 99201, ATTN: President of Iced Vision.
• 14.9 Export Administration
  You will comply fully with all relevant export laws and regulations of the United States, including, without limitation, the U.S. Export Administration Regulations (collectively “Export Controls”). Without limiting the generality of the foregoing, you will not, and you will require your representatives not to, export, direct or transfer the Game, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.
• 14.10 Equitable Remedies
  You hereby agree that Iced Vision would be irreparably damaged if the terms of this ToU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToU, in addition to such other remedies as we may otherwise have available to us under applicable laws.
• 14.11 Entire Agreement
  This ToU, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Site and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site.