LEGAL - Arctic Ice Works - More than just Ice

Terms of Use & Website User Agreement

This website is provided by Arctic Ice Works, a business operating in the state of Queensland, Australia.

You Agree to These Terms by Using this Site

Your access to, and use of, this Website (collectively referred to as the “Site”) is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use, and acknowledge that any other agreements between you and Arctic Ice Works are superseded with respect to this subject matter. If you do not agree and accept, without limitation or qualification, these Terms of Use, you must exit the site immediately, not use the files herein, and/or not subscribe to this service.

Limitations of Use

The information and materials on this website are provided for general informational purposes. You may use this site solely for the purpose of learning about and/or purchasing Arctic Ice Works services and products, or for your personal use of any tools and downloads available on this site. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on this website for any commercial, non-commercial or any other purpose not outlined in this agreement.

Privacy

Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Site by electronic mail or otherwise will be used by Arctic Ice Works in accordance with the following:
    •    Arctic Ice Works will only collect information that is necessary for what we do
    •    Arctic Ice Works will be fair in the way we collect information about you
    •    Arctic Ice Works will only use or disclose information about you in ways that are consistent with your expectations or are required in the public interest
    •    Arctic Ice Works will retain your personal information for the sole use of Arctic Ice Works and its related entities and not sell it or release it to any third party without your consent
    •    Arctic Ice Works will be open with you about what kinds of personal information we hold and what we do with it
    •    Wherever possible we will let you see the information we hold about you and correct it if it is wrong
    •    If we can (and you want to) we will deal with you anonymously
    •    Any other communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and nonproprietary.

Disclaimer of Warranties

ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, Arctic Ice Works neither warrants nor represents that your use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date. Additionally, with reference to any discussions, chats, postings, transmissions, bulletin boards, and the like that may be on the Site, Arctic Ice Works assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law, contained in any such locations on the Site.

Exclusion of Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER Arctic Ice Works, NOR ANY OF IT'S AFFILIATES, AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.

Third Party Disclaimer

Arctic Ice Works may provide hyperlinks to third party websites or other resources solely for your convenience. Arctic Ice Works does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, Arctic Ice Works specifically disclaims any responsibility if such sites:
    •    infringe any third party's intellectual property rights;
    •    are inaccurate, incomplete or misleading;
    •    are not merchantable or fit for a particular purpose;
    •    do not provide adequate security;
    •    contain viruses or other items of a destructive nature; or
    •    are libelous or defamatory.
Neither does Arctic Ice Works endorse the content, or any products or services available, on such sites. If you visit such sites or establish a link to such sites or the Site, you do so at your own risk and without the permission of Arctic Ice Works.

Copyright

Any Content downloaded by you from this website, including, without limitation, any files, images incorporated in or generated by the software, and data accompanying the software (collectively referred to as the "Content") is licensed to you by Arctic Ice Works. Downloading the Content does not transfer title to the Content, or any intellectual property rights therein, to you. You may not redistribute or sell the content.   This website contains copyrighted materials, animations, photographs, images, videos, footage, text, music, and sounds (collectively referred to as the "Content") which is owned by Arctic Ice Works or its licensors. All work on this website is copyright Arctic Ice Works.
If you believe that content appearing on the Site constitutes copyright infringement of another party's rights, please contact us at info@arcticiceworks.com.au

Revisions to the Terms

Arctic Ice Works may at any time, and without notice, revise this Terms of Use statement by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use statement.

Law and Jurisdiction

These Terms of Use and your use of the Site are governed by the laws of the State of Queensland, Australia, without regard to its choice of law provisions. The courts of general jurisdiction located within Queensland, Australia, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.

Website User Agreement

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING (www.arcticiceworks.com.au) WEBSITE, HEREFORTH REFERRED TO AS “THE SITE”.  BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY CEASE SUCH USE. (Arctic Ice Works) MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions
Domestic and International copyright and trademark laws protect the entire contents of the Site. The owners of the intellectual property, copyrights and trademarks are (Arctic Ice Works), its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.  You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to (Arctic Ice Works) a non-exclusive, royalty-free, worldwide, sub licensable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to (Arctic Ice Works) by all means and in any media now known or hereafter developed. You also grant to (Arctic Ice Works) the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against (Arctic Ice Works) for any alleged or actual infringement or misappropriation of any proprietary right in your communications to (Arctic Ice Works).

2. Trademarks
(Arctic Ice Works, Gratan Group Pty Ltd) and/or any other names belonging to (Arctic Ice Works), or its Web sites, seminars, conferences, events, trade shows, publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of (Arctic Ice Works), including the "look" and "feel" of the Site, colour combinations, layout, and all other graphical elements. Any use of (Arctic Ice Works) trademarks is strictly prohibited without the express permission from (Arctic Ice Works). Other product and company names mentioned in the Site may be the trademarks of their respective owners.

3. Use of the Site
You understand that, except for information, products or services clearly identified as being supplied by (Arctic Ice Works), (Arctic Ice Works) does not operate, control or endorse any information, products or services on the Internet in any way. Except for (Arctic Ice Works) identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with (Arctic Ice Works). You also understand that (Arctic Ice Works) cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.  (Arctic Ice Works) offers a search feature within the Site. (Arctic Ice Works) explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. (Arctic Ice Works) also disclaims any responsibility for the completeness or accuracy of any directory or search result.   In connection with your use of the Site, you agree you will not:
    •    Transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another's right of privacy or publicity;
    •    Impersonate any person or entity, including but not limited to, an (Arctic Ice Works) administrator, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
    •    Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
    •    Post or transmit any Material that contains a virus or corrupted data;
    •    Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
    •    Use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
    •    Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
    •    Violate any applicable local, state, national or international law;
    •    Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    •    Delete or revise any Material posted by any other person or entity;
    •    Manipulate or otherwise display the Site by using framing or similar navigational technology, or
    •    Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any (Arctic Ice Works) product or service if you are not expressly authorised by such party to do so.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. (Arctic Ice Works) PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND (Arctic Ice Works) SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. (Arctic Ice Works) HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.   LIMITATION OF LIABILITY IN NO EVENT WILL(Arctic Ice Works) BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF (Arctic Ice Works) OR ITS AUTHORISED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, (Arctic Ice Works) LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

4. Equipment
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto.

5. Indemnification and Reservation of Rights
You agree to indemnify, defend and hold harmless (Arctic Ice Works), its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the Site.  (Arctic Ice Works) reserves the right to release current or past member or Web site user information if (Arctic Ice Works) believes that a member’s account is being used to commit unlawful acts, if the information is subpoenaed and/or if (Arctic Ice Works) deems it necessary and/or appropriate.

6. Third Party Rights
The provisions of paragraphs 3 (Use of the Site), and 5 (Indemnification) are for the benefit of (Arctic Ice Works) and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

7. Term; Termination
Either party without notice may terminate this Agreement at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 3 (Use of the Site), 5 (Indemnification), 6 (Third Party Rights) and 11 (Miscellaneous) shall survive any termination of this Agreement.

8. Special Admonitions for International Use
Recognising the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside.

9. Dealings with Third Parties
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that (Arctic Ice Works) shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

10. Links
The Site may provide, or third parties may provide, links to non-(Arctic Ice Works) Internet World Wide Web sites or resources. Because (Arctic Ice Works) has no control over such sites and resources, you acknowledge and agree that (Arctic Ice Works) is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that (Arctic Ice Works) shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

11. Miscellaneous
This Agreement shall all be governed and construed in accordance with the laws of the State of Queensland, Australia applicable to agreements made and to be performed in the State of Queensland, Australia. You agree that any legal action or proceeding between (Arctic Ice Works) and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Queensland, Australia.  Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. (Arctic Ice Works) failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. (Arctic Ice Works) may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved. Some of the information on this Web site may contain projections or other forward-looking statements regarding future events or the future financial performance of (Arctic Ice Works). We wish to caution you that these statements are only predictions and that the actual events or results may differ materially.

If you have any questions regarding this document contact arctic ice works

Terms of Use & Website User Agreement﻿