1. ACCEPTANCE OF TERMS
These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Each time you access, use or browse the Services, you signify your acceptance of the then-current Terms. Any changes in these Terms take effect upon posting and apply only to use of the Services and information collected from you on and after Last Revised date, unless we provide notice or have other communications with you. Iconic Communication may make changes to the Services, content, products, services or features of the Services at any time at its sole discretion. You understand and agree that Iconic Communication may discontinue or restrict your use of the Services at any time for any reason or no reason with or without notice.
The Services are intended solely for users who are eighteen (18) years of age or older. Accordingly, individuals who are less than 18 years of age should not use the Services. If you do use the Services, you represent and warrant that you are at least 18 years of age. We reserve the right, in our sole and absolute discretion, to deny you access to the Services, or any portion of the Services, without notice.
3. PROPRIETARY MATERIAL
Unless otherwise noted, the Services, and all materials on the Services, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Iconic Communication or a third party. You are prohibited from using the Content for any purpose without the written permission of Iconic Communication or such third party which may own the Content. All Content is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. You agree not to remove, modify or obscure any acknowledgements, credits or legal notices on the Services. Any use of the Services in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law. Iconic Communication may promote certain products, services, businesses and events, through the Services. Iconic Communication makes no representations regarding the quality or availability of such products, services, businesses and events. In addition, use of such products, services and businesses and participation in such events may be subject to additional conditions, such as membership or the payment of a fee, imposed by third parties. Please see such third parties for details. Iconic Communication shall have no liability relating to this information or arising out of or relating to your reliance on this information for any purpose.
5. Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Services that contains typographical errors, inaccuracies, or omissions that may relate to content provided on behalf of Iconic Communication. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information if any information on the Services is inaccurate at any time without prior notice.
6. Prohibited Actions
You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and Iconic Communication reserves the right to determine what types of conduct it considers to be inappropriate use of the Services. In the case of inappropriate use, Iconic Communication may take such measures as it determines in its sole discretion. By way of example, and not as a limitation, you agree that when using the Services, you will not: (a) use the Services for any purpose or to take any actions in violation of local, state, national, or international laws, regulations, codes, or rules; (b) take any action that imposes an unreasonable or disproportionately large load on the Services’ infrastructure or otherwise in a manner that may adversely affect performance of the Services or restrict or inhibit any other user from using and enjoying the Services; (c) use the Services for unauthorized framing or linking, or via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to the Services’ Content; (d) aggregate, copy, duplicate, publish, or make available any of the Content of the Services to third parties outside the Services in any manner; (e) collect information about others, including email addresses, without their consent; and (f) engage in any other action that, in the judgment of Iconic Communication exposes it or any third party to potential liability or detriment of any type.
7. Notice and Procedures for Making Claims of Intellectual Property Infringement
Iconic Communication may, in its sole discretion, disable and/or terminate use by users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide a Notice to the Iconic Communication Designated Agent at firstname.lastname@example.org, with the following text in the subject line: “Iconic Communication DMCA,” and containing the following information: (a) a description of the copyrighted work that has been infringed and the specific location on the Services where such work is located; (b) a description of the location of the original or an authorized copy of the copyrighted work; (c) your address, telephone number and e-mail address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (e) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest. Iconic Communication will process notices of alleged infringement which it receives and will take appropriate actions as required by the Digital Millennium Copyright Act (the “DMCA”) and other applicable intellectual property laws. If you believe that your User Content was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the Designated Agent: (i) your physical or electronic signature; (ii) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (iii) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (iv) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Designated Agent, Iconic Communication may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, registrant or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Iconic Communication’ sole discretion. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
8. Links to Other SITES AND Services
The Services may contain advertisements, postings and links to websites operated by other parties for your convenience and information. The advertisements, postings and linked sites are not under the control of Iconic Communication and Iconic Communication is not responsible for their content or privacy practices. Such advertisements, postings or links or references to other parties’ products or services do not imply endorsement of information, material, products or services of any other party or any other website. Iconic Communication disclaims all liability with regard to your access to and use of such information, material, products or services or transactions with such linked websites or other parties. You acknowledge and agree that Iconic Communication is not responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.
Iconic Communication reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Services, Iconic Communication’ services and the Content or any portion thereof, with or without notice. You agree that Iconic Communication will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, products offered for sale on the Services and the Content.
10. Suspension and Termination
Iconic Communication reserves the right, at its sole discretion, immediately and without notice, to suspend, discontinue, or terminate your access to the Services or any part thereof for any reason, including without limitation any breach by you of these Terms. You agree that Iconic Communication shall not be liable to you or any third party for any such suspension, discontinuance or termination.
11. Proprietary Rights
You acknowledge and agree that, as between Iconic Communication and you, all right, title, and interest in and to the Services, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights, are owned exclusively by Iconic Communication its affiliates, suppliers, vendors or licensors, and are protected by United States intellectual property and other applicable laws. The trademarks, service marks, logos, slogans, trade names and trade dress of Iconic Communication used on the Services are proprietary to Iconic Communication. Unauthorized use of any trademark of Iconic Communication may be a violation of trademark laws. Any other trademarks, service marks, logos, trade names or designations of other parties referenced in the Services do not constitute or imply affiliation, endorsement or recommendation by Iconic Communication of the other parties, or by the other parties of Iconic Communication, and are the trademarks or registered trademarks of the respective third parties.
12. Your Indemnity of Iconic Communication
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD Iconic Communication AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, LICENSEES, SERVICE PROVIDERS, ADVERTISERS AND OTHERS ACTING IN CONCERT WITH THEM, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR USE OF OR RELIANCE ON THE SERVICES OR ANY CONTENT, PRODUCTS, SERVICES, ACTIVITY OR YOUR DEALINGS IN CONNECTION WITH THE SERVICES AND (B) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF Iconic Communication OR ANY THIRD PARTY.
13. Disclaimers and Limitation of Liability.
THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Iconic Communication MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SERVICES IS AT YOUR SOLE RISK.
Iconic Communication MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL CODE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Iconic Communication DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICES, EVEN IF Iconic Communication HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Exclusions and Limitations:
Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
15. Governing Law and Disputes
Any action or dispute arising under or relating to this agreement shall be governed by, and will be construed in accordance with, the laws of the State of New York, U.S.A., without regard to choice of law principles. With respect to any such action or dispute you irrevocably agree that the federal and state courts located in or for New York, NY, U.S.A. are the sole and exclusive forum and venue for any dispute, as the most convenient and appropriate to address any disputes, and you agree to submit to the jurisdiction and venue of such courts, you irrevocably waive the right to trial by jury, and you agree, to the fullest extent permitted by law: (a) no claims by you shall be joined with any other and you agree not to participate in any claim brought by others; (b) YOU HAVE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; and (c) you have no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Services are controlled within the United States of America and is directed to individuals residing in the United States. Those who choose to access the Services from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Iconic Communication does not represent that the Services or its Content are appropriate outside the United States of America. Iconic Communicationreserves
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