General User's Terms of Use ("Terms of Use")
About us
This website is owned and maintained by Underground Icewhole Limited ("Us/Our and/or "We"), a company registered in England. Our registered office is at 10 Orange Street, Haymarket, London WC2H 7DQ
About this website
This website www.icewhole.com (the "Website") provides:
a networking service for all users of the Website through the use of profile pages ("Network Service").
a website for makers and lovers of films("Film Uploaders") composers, bands and musicians("Website Music") and lovers of Art everywhere.
By accepting these Terms of Use, You are being granted permission by Us (pursuant to the terms and conditions contained herein and Your acceptance) to:
a. Register an account and profile page on the Website; and
b. To view the films uploaded by Film-makers; and to
c. Access the Website Music uploaded by other registered users.
You are required to create an account with Us to grant You full access to the Website and thereby become a General User of the Website. After You have become a registered General User by clicking 'I Accept' below, You will need to sign up to separate terms and conditions if You wish to either upload Your films or music onto the Website.
1. Your Acceptance
By clicking the 'I Accept' button below, You confirm Your acceptance to these terms and conditions ("Terms of Use") and our privacy conditions (which are incorporated herein by reference, and are available for view by clicking here). If You do not accept any part of these Terms of Use then You must not click 'I Accept', and You will not be able to register an account with Us to use the Website.
2. The Website
These Terms of Use apply to You and Your use of the Website.
Our Website may contain links to third party websites that are not owned or controlled by Us. We have no control over, and therefore cannot assume responsibility of, the content or privacy policies of these third party website. Therefore, by accessing Our Website, You hereby accept that You have no cause for remedy against Us for any loss or damage suffered by You from Your use of any third party websites which are linked (either directly or non-directly) from Our Website.
3. Website Access
By registering an account with Us, and thereby accepting these Terms of Use, We grant You permission to use the Website as set forth in this Terms of Use, provided that You use the Website for Your own personal and non-commercial use only (save as otherwise may be expressly permitted by Us in writing). You may not copy or distribute any part of the Website in any medium without Our prior written consent, which We are under no obligation to give. If at any point whilst You are a registered user We have cause to believe that You use the Website for any reason other than as set forth in these Terms of Use, or You misappropriate or infringe the rights in any of the data, films, music or information contained in the Website, then We reserve our right to cancel Your registration at any point and without any liability towards Us.
In order to fully access this Website, You must create an account with Us, which shall include Your profile information, and such profile shall be visible to other users as part of the Network Service ("Profile"). You accept that other registered users of the Website may be able to contact You through Your Profile. You warrant that You shall only contact other user's through their own Profiles for reasonable purposes only and You shall not subject any other user of the Website to any form of harassment or offensive material through Your use of the Network Service.
You may not use, or attempt to use, another person's account without permission. You warrant to Us that when You register Your account, You are providing Us with accurate and complete information relating to You. You are solely responsible for the activity that occurs on Your account (including Your Profile), and You therefore must keep Your username and password safe. We shall not be liable to You for any loss or damage You may suffer from any unauthorised use of Your account. However, We reserve the right to hold You fully liable for any loss or damage suffered by Us through any misuse of Your account (including Your Profile), either by You or any third party. In the event that You have reason to believe Your account has been misused, You should contact Us as soon as possible [support@icewhole.com].
You shall not use or launch any automated system (such as, but not limited to, "robots," or "spiders") to contact any other users of this Website. You further agree that You do not have the right to collect or use any of the personally identifiable information belonging to any other person on the Website for any reason whatsoever, including account or log-in names. You are not allowed to use any part of this Website or any information held on it for commercial purposes except as maybe provided by these Terms of Use.
4. Website Intellectual Property Rights
The content on the Website, including without limitation, the text, website software, scripts, graphics, graphical layout, photographs, sounds, music, videos, films, interactive features and the like ("Content") and the trademarks (registered and un-registered) and any logos contained therein ("Marks"), are owned by Us or are licensed to Us.
All Content is subject to copyright and other intellectual property rights under English Law (namely the Copyright Designs and Patents Act 1988, as amended).
All Content on the Website is provided to You by Us on an "As Is" basis for Your personal use only and You may not copy, reproduce, use, distribute, broadcast, sell, license, or otherwise exploit for any purpose whatsoever any of the Content without the Content owner's prior written consent.
By accepting these Terms of Use, You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of the films streamed through the Website for any commercial purposes. You agree not to disable or attempt to disable, or to circumvent or attempt to circumvent, any security feature used to protect the Content and/or the Website, including but not limited to any digital rights management system. You further agree not to capture or store (except in transient form solely in relation to the fair use of the Website under the Terms of Use hereunder) any of the films available for view on the Website on a personal computer or other hardware storage device, unless such films are Your own original work. As a General User of the Website, You also agree not to capture or store (except in transient form solely in relation to the fair use of the Website under the Terms of Use hereunder) any of the Website Music on a personal computer or other hardware storage device, unless such Website Music is Your own original work. The copyright and underlying copyright in the individual Website Music sound recordings, are owned by their respective owners and You may not use or exploit the Website Music without the specific copyright owners' written consent, which they are under no obligation to give.
5. Notice and Take Down Procedure
You accept that when using the Website, You will be exposed to films uploaded by the Film Uploaders, and where applicable, music uploaded by other registered users of the Website (pursuant to the Music Upload Agreement). We are not responsible for the accuracy or fair use of any intellectual property rights in each film and / or the Website Music.
If You have reason to believe that Your intellectual property rights are being infringed in any of the films and/or Website Music, then Your sole remedy against Us is to contact Us at someonestolemy@icewhole.com and by registered post to our registered office [address as above], and, within a reasonable time of Us receiving such written notice, We shall at our sole discretion remove any film or piece of Website Music which (in our reasonable view) contains infringing material. If You have any documentary or written evidence of any such infringement, then You agree to supply a copy of the same to us as soon as reasonably possible by email and by registered post to our registered office in each case.
You further understand and acknowledge that You may be exposed to other user's submissions on the Website (including as part of the Network Service), and whilst we attempt to moderate postings and / or user submissions (including films and the Website Music), if You are aware of any material on the Website which is inaccurate, offensive, indecent, or defamatory ("Objectionable Material") to You, then Your sole remedy against Us is to notify Us at [support@icewhole.com] and We shall, at our sole discretion, remove where possible the Objectionable Material.
You hereby waive all rights or remedies You have or may have against Us with respect thereto, and agree to indemnify and hold Us, affiliates, and/or licensors, harmless against any loss or damage suffered by You from any infringing material or Objectionable Material.
6. Warranty Disclaimer
By using the Website You agree that You do so at Your sole risk, and We make no warranties to You, whether express or implied, as to the quality of the Website and the services provided therein, nor as to its availability from time to time (for example, should we wish to cancel any part of the Website, postpone it, or make it unavailable for repair, update or modification). You hereby warrant that You will hold Us harmless for any loss or damage suffered by You from the Website, or Your use of the Website. The Website and the services contained therein are provided to You on an "As Is" basis, and we cannot guarantee the safety of Your use of the Website in relation to any so called viruses or "Trojan Horses". Whilst we take reasonable precautions to protect You, You should exercise caution when using the Website and ensure that any virus protection software used by You is up to date and in effect.
You accept that you may, on occasion, be subjected to some films and/or music which is not suitable for minors, and whilst We use Our reasonable endeavours to warn You of any submissions which may be of a violent or pornographic nature, You accept that You access the submissions at Your own risk and liabilty.
7. Limitation of Liability
We (including our directors, employees, agents, associated companies and any affiliates) shall not be liable to You in any way for any direct or consequential loss or damage (whether punitive or consequential) suffered by You in using the Website or caused by the Website and the services therein.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR ANY USER SUBMISSIONS OR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USERS ON THE WEBSITE.
8. Indemnity
You agree to indemnify and hold harmless Underground Icewhole Limited, its directors, employees, agents, associated companies and any subsidiaries, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from Your use of and access to the Website and/or in respect of any breach of these Terms of Use by You.
You further warrant to hold Underground Icewhole Limited, its directors, employees, agents and any subsidiaries, harmless from any claim or loss or damage suffered by Us resulting from that. Any violation by You of these Terms of Use (and any future version) including but not limited to any violation of any third party right, including without limitation any copyright, property, or privacy right and/or any breach of privacy and/or obscenity and/or libel caused by You.
Your indemnity obligation will survive these Terms of Use and any use by You of the Website.
9. Ability to Accept Terms of Service
By clicking the "I Accept" button, You confirm that You are either more than 18 years of age or if You are below 18 years of age, You confirm that Your legal parent or guardian has understood the obligations and consents You are giving under these Terms of Service and that You are fully able and competent to enter into the terms, conditions, obligations, representations, and warranties set forth in these Terms of Use.
The Website is not intended for use by any children under the age of [14] years and You hereby confirm that You are above 14 years of age If You are below 14 years of age then You may not accept these Terms of Use nor use the Website.
10. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Us at anytime and without any restriction to Us.
11. Applicable Law and Jurisdiction
You accept that these Terms of Use shall be exclusively governed by English Law and that the Courts of England shall be the sole and exclusive Courts of jurisdiction.
12. Construction
These Terms of Use, together with the Privacy Notice at and any other legal notices published by Us from time to time on the Website, shall constitute the entire agreement between You and Us for Your use of the Website.
If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction in England, then the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. We reserve the right to amend these Terms of Use at any time and without notice, and it is Your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify Your assent to and acceptance of its revised terms.
