Terms of Service
TABLE OF CONTENTS
- Introduction; General; Ownership; Prohibitions
- Notice and Procedure for Making Claims of Copyright Infringement
- Community Features
- Special Terms and Conditions Applicable to Sales; Customer Service Contact Information
- Votes, Contests, Sweepstakes
- Disclaimer of Warranties
- Limitations on Liability
- Choice of Law; Jurisdiction; Attorneys' Fees
- Notice for California Consumers
1. INTRODUCTION; GENERAL; OWNERSHIP; PROHIBITIONS
MLB Advanced Media, L.P. ("MLBAM"), on behalf of Ice Network, LLC ("Ice Network") (MLBAM and Ice Network, collectively, the "Providers"), is the organization that produces the Official Website of Icenetwork.com (this "Website"). Use of this Website and all products and services provided and/or distributed (whether via this Website or elsewhere) by Ice Network are subject to this Agreement. References to this Website and all materials contained in this Website and/or otherwise accessible via other Ice Network-controlled products or services or Ice Network-operated interactive media locations, will be referred to herein collectively as the "Ice Network Properties" and individually as an "Ice Network Property." By using this Website or the other Ice Network Properties or by clicking a box that states you agree to this Agreement, you agree to be bound by this Agreement. If you do not agree to this Agreement, do not use the Ice Network Properties.
Except for Submitted Content (defined below), the Ice Network Properties are either owned by or licensed to Ice Network. The applicable owners and licensors retain all rights to the Ice Network Properties, including, but not limited to all copyright, trademark and other proprietary rights, however denominated. Except for downloading one copy of the Ice Network Properties on any single computer for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the Ice Network Properties without first obtaining the written permission of Ice Network or otherwise as expressly set forth in the terms and conditions of the applicable Ice Network Properties. The Ice Network Properties must not be used in any unauthorized manner. In some instances, this Agreement and a separate end user license agreement or similar agreement will apply to the Ice Network Properties. By using this Website or the other Ice Network Properties you acknowledge that you have reviewed all terms and conditions applicable to the product or service in question and agree to be bound by the terms and conditions.
You must not use the Ice Network Properties or Community Features (defined below) to: (i) transmit, store, embed or otherwise make available any information or material that infringes any right of Ice Network or any third party, however denominated, including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (ii) transmit, store or otherwise make available material which disrupts this Website or the other Ice Network Properties, imposes an unreasonable or disproportionately large load on this Website's or the other Ice Network Properties' infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying this Website or the other Ice Network Properties; (iii) transmit, store or otherwise make available material which is false, threatening, abusive, libelous, defamatory, obscene, vulgar, demeaning, offensive, pornographic, profane, sexually explicit, indecent, inappropriate, constitutes hate speech, or which adversely affects Ice Network business or is otherwise objectionable in Ice Network's sole discretion; (iv) transmit, store or otherwise make available material which constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (v) transmit, store or otherwise make available a virus, trojan horse, worm, time bomb, spyware, bot or other harmful or deleterious programming routine; (vi) transmit, store or otherwise make available material which contains any information, software or other material of a commercial nature; (vii) transmit, store or otherwise make available material which contains advertising, promotions, "junk mail", "spam", "pyramid schemes", "chain letters" or solicitation of any kind; (viii) transmit, store or otherwise make available material which constitutes or contains false or misleading indications of origin or statements of fact; (ix) exploit, harm, personally attack (personal attacks include, but are not limited to, defamatory, sexual and/or sexually implicit remarks) or impersonate players, management, employees of baseball, or any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) use or attempt to use another's information, account, password, service or system except as expressly permitted; (xi) solicit, collect, transmit, store or otherwise make available private information of any third party including, without limitation, telephone numbers, addresses, last names, email addresses, Social Security numbers, or credit card numbers; (xii) use automated scripts to collect information from or otherwise interact with this Website or the other Ice Network Properties; and (xii) transmit, store or otherwise make available material which is irrelevant to the subject matter of the Community Features (defined below).
Third party text, photo, graphic, audio and/or video material (collectively, the "Third Party Materials"), contained on or incorporated in the Ice Network Properties shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these Third Party Materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. No third party provider will be held liable in any way to any Website user or to any third party or to any other person who may receive information in the Third Party Materials or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby.
2. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), Ice Network has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to this Website or the other Ice Network Properties (the "Designated Agent"). All such notifications relating to this Website or the other Ice Network Properties must be a written communication and must include the following information:
A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Ice Network to locate the material.
D. Information reasonably sufficient to permit Ice Network to contact the complaining party, such as an address, telephone number, and/or electronic mail address.
E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Claims of infringement which include the above required information must be submitted via postal mail, fax or e-mail to Ice Network's Designated Agent as follows:
Service Provider: Ice Network, LLC
Full Address of Designated Agent to Which Notification Should Be Sent:
20 First Street, Colorado Springs, CO 80906
Facsimile Number of Designated Agent: 719-635-9548
E-mail Address of Designated Agent: firstname.lastname@example.org
3. COMMUNITY FEATURES
Ice Network and its third-party providers (the "Vendors") do not monitor, endorse, edit or screen your Submitted Content, although Ice Network and its Vendors reserve the right to do so, and neither Ice Network nor its Vendors shall be liable for your Submitted Content. You acknowledge that your Submitted Content is not confidential and that your Submitted Content may be read, intercepted by others and widely accessible on the Internet and/or via other interactive media, and that you have no expectation of privacy with regard to any such submission. You acknowledge that by submitting your Submitted Content via the Community Features, no confidential, fiduciary, contractually implied or other relationship is created between you and Ice Network or between you and Ice Network's Vendors other than as expressly set forth in this Agreement. You acknowledge that Ice Network is not responsible for, and cannot and does not guarantee, the accuracy, completeness or reliability of information in any material posted or submitted by any user of the Community Features. You represent that your Submitted Content is an original work by you or that you have all necessary rights in it and to submit it to Ice Network under the terms of this Agreement. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees, connected to or arising from your breach of any representation or warranty, or other violation of this Agreement. If Ice Network determines, in Ice Network's sole discretion and judgment, that your Submitted Content violates or may violate any of the terms of this Agreement, Ice Network reserves the right to (a) refuse to allow you to upload information or otherwise transmit material; (b) remove and delete your Submitted Content; (c) revoke your right to use this Website, the Community Features and/or the other Ice Network Properties; and/or (d) use any technological, legal, operational or other means available to Ice Network to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on this Website, the Community Features or on the other Ice Network Properties.
You are solely responsible for your interactions with other users of the Ice Network Properties. You may use various features (e.g., the "Report Violation" feature in the Options menu button within a Discussion string on our Message Boards) to report violators.
We reserve the right, but have no obligation, to monitor disputes between you and other users.
By transmitting your Submitted Content via the Community Features, you grant, and represent and warrant that you have the right to grant, to Ice Network a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and irrevocable right and license to use, reproduce, prepare derivative works based upon, distribute, perform, sell and display your Submitted Content for any purpose throughout the universe, in whole or in part, in any form, media or technology known or hereafter developed.
4. SPECIAL TERMS AND CONDITIONS APPLICABLE TO SALES OF PRODUCTS AND SERVICES; CUSTOMER SERVICE CONTACT INFORMATION
From the ticketing sections of certain Ice Network Properties, you can, among other things, purchase tickets for US Figure Skating events via Third Party Sales Locations (defined below). Via certain Ice Network Properties, you can subscribe to or download audio, video and audiovisual content, fantasy and other games and other products and services (collectively, "Services"). In addition, you can buy Ice Network merchandise, products and services from locations other than this Website or the other Ice Network Properties (e.g., via third party storefronts, including, without limitation, wireless carriers, online music and/or video download and streaming sites, video game console services, third party websites such as the Official Online Store of U.S. Figure Skating located at www.usfashop.com, etc.) (collectively, "Third Party Sales Locations").
ALL PURCHASES ARE SUBJECT TO PRODUCT AVAILABILITY. ICE NETWORK EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY VENDOR OR THIRD PARTY SALES LOCATION, THE MERCHANDISE OFFERED BY THE VENDORS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE ICE NETWORK PROPERTIES, ANY THIRD PARTY SALES LOCATIONS OR ANY PRODUCT OR SERVICE THEREIN, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF ANY PRODUCTS, MERCHANDISE, TICKETS OR SERVICES.
The Services and all other products offered via the Ice Network Properties are provided for your private, non-commercial use, and you may not distribute, modify, translate, rebroadcast, transmit, perform or create derivative works of them.
Ice Network reserves the right to modify the price of any Services or any other products offered via the Ice Network Properties. Ice Network is not responsible for any error in copy or images relating to Services or any other products offered via the Ice Network Properties. Any auction or offer to sell any Services, tickets, or any other products offered via the Ice Network Properties, may be discontinued at any time in Ice Network's sole discretion.
The Services and any other applicable products offered via the Ice Network Properties are subject to transmission limitations of the Internet and, as applicable, wireless carriers, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.
Should you have any questions about the purchase of Services via the Ice Network Properties, please call Ice Network Customer Service at 866-464-8499 within the U.S., or e-mail email@example.com.
By purchasing any Services or any other products offered via the Ice Network Properties, you acknowledge and agree that your credit card is being charged by the payment processor of Ice Network or its Vendor, the operator of such product or service. For purposes of this Agreement, such payment processor will be referred to as a "Vendor."By utilizing a credit or debit card for purchase of any Services or any other applicable products offered via the Ice Network Properties, you authorize Ice Network to charge such card on the periodic basis as specified (e.g., once per month for monthly Services) in the amount described on the applicable Service or Services' purchase path(s).
If the account number, expiration date or other information of any credit or debit card account associated with your subscription Service changes, MLBAM recommends that you update it as soon as possible. Please also be aware, MLBAM may acquire this current information from our financial services partner and update the Payment Profile section of your MLB.com account to include such revised payment information.
For certain purchases of Services made via the Ice Network and/or Vendor-operated Ice Network Properties, Ice Network is required to collect sales tax. The amount of tax charged and whether any sales tax will be collected on a given purchase depends on a number of factors including whether the seller is subject to tax in a given jurisdiction. The purchaser is responsible for any applicable transaction taxes not collected by Ice Network. If any sales tax will be collected directly by Ice Network in connection with a purchase that amount will be shown either prior to the completion of any purchase or reflected in the final confirmation of that purchase.
For Oklahoma purchasers, applicable use tax on purchases made via the Ice Network Properties may be reported and paid on an Oklahoma individual income tax return [Form 511] or by filing a consumer use tax return [Form 21-1]. The referenced forms and corresponding instructions are available on the Oklahoma Tax Commission website, www.tax.ok.gov.
For South Dakota purchasers, any applicable sales or use taxes on purchases made via the Ice Network Properties may be reported and paid on a South Dakota Use Tax Form [Form 1350], available with corresponding instructions on the South Dakota Department of Revenue website, www.state.sd.us/drr.
For information regarding Sales Tax for purchases from Third Party Sales Locations, please review terns governing the applicable Third Party Sales Location.
For Services billed on a yearly basis (e.g., the Icenetwork.com Season Pass), the term begins when you purchase your subscription and ends on or about August 30 of the next year, with one-time billing immediately following your purchase. Full-price subscriptions will automatically renew annually approximately on or after August 18 each year at the previous year's regular full yearly price, unless (1) you signified otherwise in accordance with the applicable instructions; or (2) Ice Network discontinues or significantly alters the Service prior to the start of the applicable subscription Service renewal period. In the event Ice Network discontinues or significantly alters a Service that you have purchased with annual automatic renewal, MLBAM shall notify you via the email address provided at purchase of such cancellation and may provide information about similar or new Services available via the Ice Network Properties. To cancel the annual automatic renewal feature send an e-mail to firstname.lastname@example.org or call Icenetwork.com Customer Service at 866-464-8499 within the U.S.
In order to provide the highest customer satisfaction possible, Ice Network will refund the purchase price paid for a subscription if a refund request is made to the e-mail address or telephone number(s) provided immediately above and below within 5 days of your subscription purchase date.
Of course, should you wish to cancel your subscription at any time, you may contact Icenetwork.com Customer Support toll free within the U.S. at 866-464-8499 or via e-mail at email@example.com. If such cancellation occurs on any date following the fifth (5th) day after your purchase date, then your cancellation will be effective as follows:
Yearly subscription: Cancellation of each yearly term after (and not including) the term of the year during which you cancel. NOTE: Each yearly term concludes on approximately August 30 of each subsequent year.
In no event will Ice Network provide pro-rated refunds.
By accepting this Agreement, you agree that Ice Network may notify you about changes to prices and/or Services by sending an e-mail message to your e-mail address on file with Ice Network, and by publishing such notices from time to time on the informational page(s) of the Ice Network Properties applicable to the Services. It is your responsibility to notify MLBAM of any change in your e-mail address by logging in to the applicable Ice Network Properties and using the online account management tool. If your email service includes functionality or software that catalogues your emails in an automated manner, it is your responsibility to ensure that those emails we send to you reach your inbox, either by routinely monitoring your bulk, junk and/or spam e-mail folders or by adding us to your address book or safe senders list. In the event of any conflict between this Agreement and the terms and conditions provided for any such Service or Ice Network Property, the terms and conditions of the applicable Service or Ice Network Property will govern.
Programming, pricing, terms and conditions of Services and other products offered via the Ice Network Properties are subject to availability and change. Subscription Services offered via Ice Network Properties other than this Website may be governed by an end user license agreement or similar agreement with different terms and conditions than are contained in this Agreement, including different refund policies. Please refer to the terms and conditions of such Ice Network Properties to determine the policies applicable for such other Ice Network Properties.
Subscription activation for Services and other products offered via the Ice Network Properties, and subsequent ability to access Services and other products offered via the Ice Network Properties, may be subject to approval of your valid major credit card and verification of other information that you submit or is otherwise obtained by Ice Network (e.g., your IP address). Scheduled events may be cancelled or substituted when necessary. Applicable taxes are not included and are the responsibility of the subscriber. Blackout restrictions apply to Services which allow you to watch video of live events depending on the date of the game, your location and local, national and international broadcast exclusivities. For the current Blackout Restrictions, visit http://web.icenetwork.com/help/blackout.jsp.
For these Services, you may be required to submit your email address provided by either your Internet Service Provider or place of work. For example, clicking on a live event link will perform and trigger a number of checks to make sure that you are located outside of the applicable blackout territory. Due to the foregoing blackout restrictions, you may be required to log in to each webcast (both for free and subscription fee webcasts) with a valid major credit card for address verification. In such a case, a temporary $1.00 authorization hold will be placed on your credit card, which will subsequently expire. You will not incur a charge for this authorization hold. IF YOU CIRCUMVENT, OR ATTEMPT TO CIRCUMVENT, ANY BLACKOUT RESTRICTION OR OTHER USE RESTRICTION: YOUR SUBSCRIPTION WILL BE SUBJECT TO IMMEDIATE TERMINATION AND A CHARGE OF ONE HUNDRED DOLLARS ($100.00) FOR EARLY TERMINATION; YOU MAY BE SUBJECT TO LEGAL ACTION; AND THE PROVIDERS RESERVE THE RIGHT TO REPORT SUCH MISCONDUCT TO APPROPRIATE LAW ENFORCEMENT AUTHORITIES.
SHARING OF PASSWORDS TO ANY SERVICE, PRODUCT OR THE ICE NETWORK PROPERTIES IS STRICTLY FORBIDDEN. IN ADDITION TO THE RIGHTS AND REMEDIES AVAILABLE TO ICE NETWORK AS SET FORTH IN THE PREVIOUS PARAGRAPH, ICE NETWORK RESERVES THE RIGHT TO CHARGE USERS THE FULL SUBSCRIPTION FEE FOR EACH INDIVIDUAL WITH WHOM THE USER HAS SHARED HIS/HER PASSWORD.
5. VOTES; CONTESTS; SWEEPSTAKES
This Website and other Ice Network Properties may offer you opportunities to vote in connection with certain events. By participating in any such event, you signify your agreement to all special terms set forth on this Website and/or the other applicable Ice Network Properties applicable to the event as well as the terms of this Agreement.
This Website and the other Ice Network Properties may contain links and pointers to other World Wide Web sites and resources, including, without limitation, Third Party Sales Locations and Third Party Social Networking Features. Links to and from this Website and/or Ice Network Properties from or to Third Party Sales Locations, Third Party Social Networking Features and other websites or locations maintained by third parties, do not constitute an endorsement by Ice Network, LLC, of any such third party website or content. The Providers are not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to this Website administrator or Webmaster of the applicable third-party website or location.
7. DISCLAIMER OF WARRANTIES
A. USE OF THIS WEBSITE, ALL OTHER ICE NETWORK PROPERTIES AND ANY PRODUCTS AND/OR SERVICES INCLUDED HEREIN AND THEREIN (INCLUDING WITHOUT LIMITATION ANY MERCHANDISE OR TICKETS OFFERED VIA THIRD PARTY SALES LOCATIONS) ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
B. EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY ICE NETWORK AND/OR THE APPLICABLE VENDOR, THIS WEBSITE, THE OTHER ICE NETWORK PROPERTIES, AND ALL MATERIALS CONTAINED OR DISTRIBUTED HEREIN AND THEREIN, INCLUDING, BUT NOT LIMITED TO ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
C. THE PROVIDERS DO NOT WARRANT THAT: (1) THIS WEBSITE, THE OTHER ICE NETWORK PROPERTIES OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THIS WEBSITE, THE OTHER ICE NETWORK PROPERTIES, THE PRODUCTS, OR SERVICES WILL BE CORRECTED; (3) THIS WEBSITE, THE OTHER ICE NETWORK PROPERTIES, ANY PRODUCTS OR SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THIS WEBSITE, THE OTHER ICE NETWORK PROPERTIES, THE PRODUCTS OR SERVICES WILL BE ACCURATE OR RELIABLE.
8. LIMITATIONS ON LIABILITY
A. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER APPLICABLE TERM AND CONDITION OF THE ICE NETWORK PROPERTIES OR ANY ACT OR FAILURE TO ACT BY THE PROVIDERS OR THEIR VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR ANY AND ALL SUBMITTED CONTENT YOU TRANSMIT VIA THE COMMUNITY FEATURES OF THIS WEBSITE.
B. IN NO EVENT SHALL THE PROVIDERS BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE ANY PRODUCTS OR SERVICES.
C. IN NO EVENT SHALL THE PROVIDERS OR ANY VENDOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THIS WEBSITE OR THE OTHER ICE NETWORK PROPERTIES INCLUDING, BUT NOT LIMITED TO, ANY TRANSACTION FOR ANY PRODUCTS OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF ICE NETWORK IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF THE PROVIDERS OR ANY VENDOR FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, THE SERVICES OR THE OTHER ICE NETWORK PROPERTIES IS $50.
D. IN NO EVENT SHALL THE PROVIDERS BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THIS WEBSITE OR THE OTHER ICE NETWORK PROPERTIES, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY.
You hereby agree to indemnify and hold the Providers harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of this Website, the other Ice Network Properties, the products and/or Services purchased via this Website or the other Ice Network Properties; or (B) any alleged breach of this Agreement by you.
Ice Network may change, suspend or discontinue any aspect of this Website or the other Ice Network Properties at any time, including the availability of any product, offering, Service, feature, database or content. Ice Network may also impose limits on certain such products, Services and features or restrict your access to parts, or the entirety, of the Ice Network Properties without notice or liability at any time in Ice Network's exclusive discretion, without prejudice to any legal or equitable remedies available to Ice Network, for any reason or purpose, including, but not limited to, conduct that Ice Network believes violates this Agreement or other policies or guidelines posted on this Website or via the other Ice Network Properties or conduct which Ice Network believes is harmful to other customers, to Ice Network's business, or to other information providers. In addition, this Agreement may be immediately terminated at any time by Ice Network in its sole discretion. In addition and without prejudice to any other remedy available to Ice Network, Ice Network may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by Ice Network in the Ice Network Properties.
11. CHOICE OF LAW; JURISDICTION; ATTORNEYS' FEES
This Agreement will be governed by the laws of the State of New York applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within New York County, New York will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. Ice Network will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.
This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. Ice Network in its sole discretion may amend this Agreement, and your use of this Website or the other Ice Network Properties after such amendment is posted on this Website will constitute acceptance of it by you. Sections 7, 8, 9, 11, 12 and 13 of this Agreement will survive any termination or cancellation of this Agreement. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.
BY USING THIS WEBSITE AND/OR THE OTHER ICE NETWORK PROPERTIES, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT. If you do not agree to the terms in this Agreement, you must not use this Website and/or the other Ice Network Properties. Ice Network may change the terms of this Agreement at any time, and your use of this Website and/or the other Ice Network Properties after such changes are posted will mean that you accept them.
14. NOTICE FOR CALIFORNIA CONSUMERS
Under California Civil Code Section 1789.3, California users of this Website and the other Ice Network Properties are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
LAST UPDATED: July 23, 2012