Terms of Use
Acceptance of Contract Terms
The following forms a legal agreement between you and Innovative Concepts in Entertainment, Inc. ("I.C.E."). By using this site you are acknowledging that you have read, understood, and agree to be bound by these terms and all applicable laws and regulations. If you do not agree to these terms please do not use this site. The material provided on this site is protected by law, including, but not limited to, United States Copyright Law and international treaties. Any claim relating to the use of this site, its materials and any sales there under is governed by the laws of the State of New York, without regard to conflict of laws rules and New York will be the sole jurisdiction and venue for any litigation arising from the use of or orders made on the site.
Use Restrictions
The copyright in all material provided on this site is held by I.C.E. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without the prior written permission of I.C.E. Permission is granted to display, copy or distribute and download the materials on this site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions or upon the request of I.C.E. Upon termination you must immediately destroy any downloaded and printed materials. You also can not "mirror" any material contained on this site. Any unauthorized use of any material contained on this site may violate copyright laws, trademark laws, and various other regulations and statutes.
Trademarks
The trademarks, service marks and logos (the "Trademarks") used and displayed on this site are registered and unregistered Trademarks of I.C.E. and others. Nothing on this site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on this site without the written permission of the Trademark owner. I.C.E. enforces its intellectual property rights to the fullest extent of the law. I.C.E. Prohibits use of the I.C.E. logo as a "hot" link to the I.C.E. site unless establishment of such a link is approved in advance by I.C.E. in writing.
Disclaimer Warranty
THIS WEBSITE AND THE INFORMATION PROVIDED HEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, I.C.E. DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. I.C.E. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS OR PRODUCTS ON THIS SITE OR ANY SITES LINKED TO THIS SITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL I.C.E. BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, HARM TO EQUIPMENT AND/OR PERSONAL INJURY OR DEATH, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF I.C.E. OR A I.C.E. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULT IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF ANY ITEM YOU ASSUME ANY COST THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Typographical Errors
Prices and availability are subject to change without notice. In the event a product is listed at an incorrect price due to a typographical error, entry error or error in pricing information received from our suppliers, I.C.E. shall have the right to refuse or cancel any orders placed for said product(s). Although your credit card normally is not charged prior to shipping an order, if your credit card has already been charged for the purchase and the order is canceled I.C.E. will immediately issue a credit to your credit card account in the amount of the incorrect price. Individual bank policies will dictate when this amount is credited to your account.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. I.C.E. reserves the right at any time after receipt of your order to accept or decline your order for any reason. Certain items listed for sale may no longer be available or in stock and prices are subject to change should the cost to re-order change based on costs of raw materials or new quotes from suppliers. I.C.E is not responsible for orders not received due to internet outages, service outages, delays, computer difficulties or other technological glitches. Cancellation of any order must be done in writing and I.C.E. will not be held responsible for any freight costs associated with the shipping or return of that order.
Sales Taxes
I.C.E. withholds applicable sales tax for orders to be delivered to addresses within New York. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other location.
Return Policy
New games can be returned in new condition within 30 days for a refund subject to a 35% restocking fee on returned products and customers are responsible for inbound and outbound freight costs. Please contact our staff prior to any returns and request an RMA #. Orders that haven't shipped are subject to a cancellation fee to be determined by ICE at the time of cancellation.
Transmissions
Any material, information or idea you transmit to or post on this site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by I.C.E. or its affiliates for any purpose whatsoever. Notwithstanding the foregoing, all personal data provided to I.C.E. will be handled in accordance with the I.C.E. Privacy Policy. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any other material that could give rise to any civil or criminal liability under the law.
Children's Online Policy
I.C.E. is committed to the preservation of online privacy for all of its web site visitors, including children. Consistent with the Children's Online Privacy Protection Act, we will not knowingly collect any personally identifiable information from children under the age of 13. I.C.E sells products intended for purchase by adults. If you make a purchase on icegame.com or icechexx.com, you are representing that you are an adult. If you are a child under the age of 13, you must ask your parent or guardian to assist you in using our website.
Term of Use Revisions
I.C.E. may at any time revise these Terms of Use by updating this posting. By using this site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.
Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied on the icechexx.com website in a way that constitutes copyright infringement, please notify our Copyright Agent (identified below) in writing, and include the following:
- Your physical or electronic signature, as the owner of an exclusive right that is allegedly infringed or as a person authorized to act on the owner's behalf.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at our site are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing, or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, or email address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or a person authorized to act on the owner's behalf.
Such notices should be sent to our Copyright Agent as follows:
DMCA Complaints
homearcadegames.com
Attn: Craig Erhard
10123 Main St.
Clarence, NY 14031
USA
Fax: 716-7590390
Email: webmaster@icegame.com
Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
