Terms and Conditions

Table of contents
  1. Introduction
  2. Cookie Policy
  3. Credit
  4. Copyright Notice
  5. Trade Marks
  6. Licence To Use Website
  7. Acceptable Use
  8. Registration And Accounts
  9. Login User Details
  10. Cancellation And Suspension Of Account
  11. Your Content Rules
  12. Limited Warranties
  13. Reviews, Comments, Emails & Other Content
  14. Limitations And Exclusions Of Liability
  15. Breaches Of These Terms And Conditions
  16. Variation

Introduction

  • These terms and conditions shall govern your use of our website.
  • By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
  • If you register with our website, [submit any material to our website or use any of our website services], we will ask you to expressly agree to these terms and conditions.
  • You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
  • Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

Cookie Policy

What is a Cookie? 

Website cookies are small pieces of data sent from our web server to our visitors' web browser. We use cookies to allow our visitors to navigate our website and to make the use of our website more convenient.

For example, cookies are used to allow visitors to navigate from one web page on our site to another and to return to the web page that they accessed previously. Cookies may be used to retain your personal preferences, hold session information for a “shopping cart” or save your password so it doesn’t have to be re-entered each time you log in.

Advice on Limiting Cookies: You always have a choice with respect to cookies. By modifying your browser preferences, you can accept all cookies, be notified when a cookie is set or reject all cookies. If you choose to reject all cookies, you may be unable to use certain services of The Ice Champ. Please consult your browser instructions for information on how to modify your choices about cookies. We do not use cookies to record a visitor's session information or to collect personally identifiable information about our visitors.

How We Use Cookies?

  • To ensure the website operates effectively from a technical perspective, including online transactions.
  • Assist with The Ice Champ marketing, including banner advertising.
  • To enable The Ice Champ to collect certain, anonymous and non-personal information on the shopping habits of our clients, including pages viewed.
  • To track transactions where visitors have come from third party sites, usually through our affiliate network.

By using this site you consent to cookies being used.

Credit

  • This document is a property of the website owner.
  • The name of the website is theicechamp.com. Dealing with premium jewelry.

Copyright Notice

Copyright (c) [2009] [The Ice Champ LLC]

Subject to the express provisions of these terms and conditions:

  • We, together with our licensors, own and control all the copyright and intellectual property rights in our website and the material on our website; and
  • All content included on this site, such as text, graphics, logos, images, audio clips, digital downloads, data compilations and software are the property of The Ice Champ LLC/www.theicechamp.com or its content suppliers and protected by the international copyrights law.

Trade Marks

The Ice Champ LLC/www.theicechamp.com trademarks and trade dress may not be used in connection with any product or service that is not The Ice Champ LLC/www.theicechamp.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Ice Champ LLC/www.theicechamp.com. All other trademarks not owned by The Ice Champ LLC/www.theicechamp.com or their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Ice Champ LLC/www.theicechamp.com or its subsidiaries.

Licence To Use Website

You may view pages from our website in a web browser download pages from our website for caching in a web browser print pages from our website [use [our website services] by means of a web browser], subject to the other provisions of these terms and conditions. Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

  • You may only use our website for [your own personal and business purposes], and you must not use our website for any other purposes.
  • Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
  • Unless you own or control the relevant rights in the material, you must not:
    • republish material from our website (including republication on another website);
    • sell, rent or sub-license material from our website;
    • show any material from our website in public;
    • exploit material from our website for a commercial purpose; or
    • redistribute material from our website.
  • Notwithstanding Section 4.5, you may redistribute [our newsletter] in [print and electronic form] to [any person].
  • We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

Acceptable Use

  • You must not:
    • use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
    • use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
    • use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
    • conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
    • access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of [search engine indexing];
    • violate the directives set out in the robots.txt file for our website; or
    • use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
  • You must not use data collected from our website to contact individuals, companies or other persons or entities.

Registration And Accounts

  • You may register for an account with our website by completing and submitting the account registration form on our website and clicking on the verification link in the email that the website will send to you.
  • You must not allow any other person to use your account to access the website.
  • You must notify us in writing immediately if you become aware of any unauthorised use of your account.
  • You must not use any other person's account to access the website, (unless you have that person's express permission to do so).

Login User Details

  • If you register for an account with our website, we will provide you with OR you will be asked to choose a user ID and password
  • Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
  • You must keep your password confidential.
  • You must notify us in writing immediately if you become aware of any disclosure of your password.
  • You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

Cancellation And Suspension Of Account

We may:

  • suspend your account;
  • cancel your account; and/or
  • edit your account details at any time in our sole discretion without notice or explanation.

Your Content Rules

  • You warrant and represent that your content will comply with these terms and conditions.
  • Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
  • Your content, and the use of your content by us in accordance with these terms and conditions, must not:
    • be libellous or maliciously false;
    • be obscene or indecent;
    • infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
    • infringe any right of confidence, right of privacy or right under data protection legislation;
    • constitute negligent advice or contain any negligent statement;
    • constitute an incitement to commit a crime, [instructions for the commission of a crime or the promotion of criminal activity];
    • be in contempt of any court, or in breach of any court order;
    • be in breach of racial or religious hatred or discrimination legislation;
    • be blasphemous;
    • be in breach of official secrets legislation;
    • be in breach of any contractual obligation owed to any person;
    • depict violence [in an explicit, graphic or gratuitous manner;]
    • be pornographic [lewd, suggestive or sexually explicit;]
    • be untrue, false, inaccurate, or misleading
    • consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage
    • constitute spam
    • be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory, or inflammatory
    • cause annoyance, inconvenience, or needless anxiety to any person

Limited Warranties

  • We do not warrant or represent:
    • the completeness or accuracy of the information published on our website;
    • that the material on the website is up to date; or
    • that the website or any service on the website will remain available.
  • We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
  • To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website, and the use of our website.

Reviews, Comments, Emails & Other Content

  • Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or and form of “spam”.
  • You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Ice Champ LLC/www.theicechamp.com reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. If you do not post content or submit material, and unless we indicate otherwise, you grant The Ice Champ LLC/www.theicechamp.com and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
  • You grant The Ice Champ LLC/www.theicechamp.com and its associates and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify The Ice Champ LLC/www.theicechamp.com or its associates for all claims resulting from content you supply. The Ice Champ LLC/www.theicechamp.com has the right but not the obligation to monitor and edit or remove any activity or content. The Ice Champ LLC/www.theicechamp.com takes no responsibility and assumes no liability for any content posted by you or any third party.

Limitations And Exclusions Of Liability

  • Nothing in these terms and conditions will:
    • limit or exclude any liability for death or personal injury resulting from negligence;
    • limit or exclude any liability for fraud or fraudulent misrepresentation;
    • limit any liabilities in any way that is not permitted under applicable law; or
    • exclude any liabilities that may not be excluded under applicable law.
  • Nothing in these terms and conditions will:
    • are subject to Section 12.1; and
    • govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
  • To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
  • We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
  • We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill.
  • We will not be liable to you in respect of any loss or corruption of any data, database, or software.
  • We will not be liable to you in respect of any special, indirect, or consequential loss or damage.
  • You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

Breaches Of These Terms And Conditions

  • Nothing in these terms and conditions will:
    • send you one or more formal warnings;
    • temporarily suspend your access to our website;
    • permanently prohibit you from accessing our website;
    • block computers using your IP address from accessing our website;
    • contact any or all of your internet service providers and request that they block your access to our website;
    • commence legal action against you, whether for breach of contract or otherwise; and/or;
    • suspend or delete your account on our website;
  • Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking [(including without limitation [creating and/or using a different account)]].

Variation

  • We may revise these terms and conditions from time to time.
  • The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. OR We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.
  • If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.