May 2018
Please read the following terms of use and disclaimers carefully before using this Website
ICE IP S.A. is a company incorporated under the laws of Luxembourg, having its registered office at rue des Tilleuls 3, 8832 Rombach, Luxembourg, registered under the Luxembourg Business Registry under nr. B116256 (“ICE IP”). ICE IP’s Website ice-watch.com (the “Website”) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. By accessing or using this Website, you agree in your name or in the name of the company you are working for to these terms of use and conditions (the “Terms of Use”). If you do not agree to these Terms of Use, you may not access or use in any way this Website. Your use of the Website is also subject to additional terms outlined on that Website : the terms and conditions of sale of products ; the Privacy Policy and the Cookies Policy (the "Additional Terms").
Modification of these Terms of Use
ICE IP reserves the right to change the terms, conditions, and notices under which the Website is offered as well as the Additional Terms. You are responsible for regularly reviewing these terms and conditions. In case of contradiction between these Terms of Use and the Additional Terms, the Additional Terms will prevail.
Use of Website ; Personal and non-commercial use limitation
The Website is for your personal, informational and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, images, video, or services obtained from the Website.
Any use of materials on this Website, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Website, without prior written permission is strictly prohibited. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of ICE IP without our express written consent. You may not use any meta tags or any other "hidden text" utilising ICE IP's names or trademarks without our express written consent. You agree to indemnify ICE IP and ICE IP’s affiliates against any claim, demand, loss or damage suffered as a result of breach of this section.
You must not use the Website: (i) in any way that may interrupt, damage or impair the Website and in particular knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful ; attempting to gain unauthorised access to the Website, the server on which our Website is stored or any server, computer or database connected to our Website ; attacking our site via a denial-of-service attack or a distributed denial-of service attack, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.
Intellectual Property rights
The entire content included in this Website, including but not limited to trade marks, designs, trade names, texts, graphics, interfaces, codes, images and the selection and arrangements thereof is protected by Intellectual Property rights and is the property of ICE IP or the respective owners that have granted ICE IP the right and license to use these.
User Submissions
Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this Website ("Communications") will be considered non-confidential and will become and remain the exclusive property of ICE IP for commercial or non-commercial use. This means that you disclaim any proprietary rights in such Communications, and you acknowledge ICE IP’s unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. ICE IP will have no obligations with respect to the Communications.
Third-Party Links
In an attempt to provide increased value to our visitors, this Website contains links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with ICE IP, ICE IP has no control over these External Sites, all of which have separate privacy and data collection practices, independent of ICE IP. ICE IP has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such External Sites. These External Sites are only for your convenience and therefore you access them at your own risk. Links do not imply that ICE IP sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, ICE IP seeks to protect the integrity of its Website and the links placed upon it.
Disclaimer
ICE IP makes no warranties or representations about the accuracy or completeness of this Website's content or the content of any site or External Sites. You understand and agree that you are using the Website at your sole risk and that ICE IP does not warrant that the Website will meet your requirements.
ICE IP makes no representation that the content of the Website is appropriate or available for use in other locations, and access to them from territories where their content is prohibited. Those who choose to access this Website from locations outside Belgium do so on their own initiative and are responsible for compliance with applicable local laws.
ICE IP does not filter advertisements or other content that children may view through our Website or "hot-linked" sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using electronic filtering software.
THIS WEBSITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ICE IP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. ICE IP DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ICE IP DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
Limitation of Liability
We will do our utmost to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
IN NO EVENT SHALL ICE IP OR ITS AFFILIATE AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL LOSS OR DAMAGES, OR ANY DAMAGES WHATSOEVER THAT MAY RESULT TO YOU OR A THIRD PARTY, EVEN IF ICE IP OR ITS AFFILIATE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS WEBSITE OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS WEBSITE OR ANY WEBSITES LINKED TO THIS WEBSITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend, and hold harmless ICE IP, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Website using your Internet account.
Applicable Laws
Your use of this Website shall be governed in all respects by the laws of Belgium, without regard to choice of law provisions, and not by Conventions on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website shall be in the courts located in Brussels, Belgium. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises. ICE IP’s failure to insist upon or enforce strict performance of any provision of these Terms of Use 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 of these Terms of Use. ICE IP may assign its rights and duties under this Terms of Use to any party at any time without notice to you.