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I.
COPYRIGHTS
Copyright © 2000, IceCreamZone.com. All
materials and contents contained in this
Web site (including but not limited to the
text, graphics, logos, button icons, images,
audio clips and software), and the Web site
itself, are copyrighted materials belonging
exclusively to IceCreamZone.com or its content
suppliers and are protected by federal Copyright
Law and international treaties. IceCreamZone.com,
Inc. enforces its copyright interests to
the fullest extent permitted under the law,
and shall seek civil and criminal remedies
where appropriate, including the remedies
provided for under sections 501 et seq.
of Title 17 of the U.S. Code. All rights
are reserved.
II. TRADEMARKS
IceCreamZone.com, IceCreamZone.com logo,
and the IceCreamZone.com Web site and trade
dress are the exclusive property and trademarks
of IceCreamZone.com. IceCreamZone.com reserves
all rights in the premises, including all
rights applicable under the U.S. and international
trademark laws, including, without limitation
Section 1125 of Title 15 of the U.S. Code
(Lanham Act Sec. 43).
III. PRIVACY POLICY
IceCreamZone.com is fully committed to protecting
your privacy. Please visit our Privacy
Policy for full detail.
IV. ONLINE CONDUCT
User agrees to use IceCreamZone.com only
for lawful purposes. User is prohibited
from posting on or transmitting through
IceCreamZone.com any unlawful, harmful,
threatening, abusive, harassing, defamatory,
vulgar, obscene, sexually explicit, profane,
hateful, racially, ethnically, or otherwise
objectionable material of any kind, including
but not limited to any material that encourages
conduct that would constitute a criminal
offense, give rise to civil liability, or
otherwise violate any applicable local,
state, national or international law.
If IceCreamZone.com is notified of allegedly
infringing, defamatory, damaging, illegal,
or offensive Content provided by User (e.g.,
through an online review), IceCreamZone.com
may investigate the allegation and determine
in its sole discretion whether to remove
or request the removal of such Content from
IceCreamZone.com. IceCreamZone.com may disclose
any Content or electronic communication
of any kind (i) to satisfy any law, regulation,
or government request; (ii) if such disclosure
is necessary or appropriate to operate IceCreamZone.com;
or (iii) to protect the rights or property
of IceCreamZone.com, its Users or Providers.
IceCreamZone.com reserves the right to prohibit
conduct, communication, or Content that
it deems in its sole discretion to be harmful
to individual Users, IceCreamZone.com, or
any rights of IceCreamZone.com or any third
party, or to violate any applicable law.
Notwithstanding the foregoing, neither IceCreamZone.com
nor its Providers can ensure prompt removal
of questionable Content after online posting.
Accordingly, neither IceCreamZone.com nor
its affiliates, nor any of their officers,
directors, employees, or agents, nor Providers
shall assume liability for any action or
inaction with respect to conduct, communication,
or Content on IceCreamZone.com.
V.
THIRD-PARTY CONTENT
The IceCreamZone.com Web site contains
or may contain information, data, software,
photographs, graphs, videos, typefaces,
graphics, music sounds and other material
(collectively "Content"). IceCreamZone.com
is a distributor and not a publisher of
Content supplied by third parties and Users.
IceCreamZone.com has no more editorial control
over such Content than does a public library
or newsstand. Any opinions, advice, statements,
services, offers, or other information that
constitutes part of Content expressed or
made available by third parties, including
Providers or any other User of IceCreamZone.com
are those of the respective authors or distributors
and not of IceCreamZone.com or its affiliates
or any of their officers, directors, employees,
or agents. Neither IceCreamZone.com nor
its affiliates, nor any of their officers,
directors, employees, or agents, nor any
third party, including any Provider, or
any other User of IceCreamZone.com, guarantees
the accuracy, completeness, or usefulness
of any Content, nor its merchantability
or fitness for any particular purpose. In
many instances, the Content available through
IceCreamZone.com represents the opinions
and judgments of the respective Provider,
or User not under contract with IceCreamZone.com.
IceCreamZone.com neither endorses nor is
responsible for the accuracy or reliability
of any opinion, advice, or statement made
on IceCreamZone.com by anyone other than
authorized IceCreamZone.com employees. Under
no circumstances shall IceCreamZone.com,
or its affiliates, or any of their officers,
directors, employees, or agents be liable
for any loss, damage or harm caused by a
User's reliance on information obtained
through IceCreamZone.com. It is the responsibility
of a User to evaluate the information, opinion,
advice or other Content available through
IceCreamZone.com.
VI. INDEMNITY
You agree to indemnify and hold IceCreamZone.com,
and it's subsidiaries, affiliates, officers,
agents, co-branders or other partner's,
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
to or transmit through the Service, your
use of the Service, your connection to the
Service, your violation or IceCreamZone.com's
terms and policies, or your violation of
any rights of another.
VII. DISCLAIMERS OF WARRANTIES
IceCreamZone.com USERS EXPRESSLY UNDERSTAND
AND AGREE THAT:
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VIII.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
ICECREAMZONE.COM SHALL NOT BE LIABLE 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 ICECREAMZONE.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.
IX. GENERAL RELEASE
BECAUSE ICECREAMZONE.COM IS NOT INVOLVED
IN PARTICIPANT DEALINGS, IF A DISPUTE ARISES
BETWEEN ONE OR MORE PARTICIPANTS, EACH OF
YOU RELEASE ICECREAMZONE.COM (AND ITS AGENTS
AND EMPLOYEES) FROM CLAIMS, DEMANDS AND
DAMAGES, ACTUAL AND CONSEQUENTIAL) OF EVERY
KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED
AND UNSUSPECTED, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH SUCH DISPUTES.
X. APPLICABLE LAW
This site is created and controlled by IceCreamZone.com,
Inc. in the State of Delaware. As such,
the laws of the State of Delaware will govern
these disclaimers, terms and conditions,
without giving effect to any principles
of conflicts of laws. IceCreamZone.com reserves
the right to make changes to its site and
these disclaimers, terms and conditions
at any time. User hereby irrevocably and
unconditionally consents to submit to the
jurisdiction of the State of Delaware for
any litigation arising out of or relating
to use of or purchase made through IceCreamZone.com
(and agrees not to commence any litigation
relating thereto except in such courts),
waives any objection to the laying of venue
of any such litigation in the Delaware courts
and agrees not to plead or claim in any
Delaware court that such litigation brought
therein has been brought in an inconvenient
forum.
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