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  1. TERMS AND CONDITIONS
  2.  
  3. OWNERSHIP OF SITE; AGREEMENT TO TERMS AND USE
  4. THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE IceKingdomSurvival.com SERVICES, IceKingdomSurvival.com WEBSITE, EXECUTIVE HOSTING SERVICES (COLLECTIVELY, THE "SITE"), IceKingdomSurvival.com STORE (THE "STORE"). TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICES OR SITE. A. IceKingdomSurvival.com STORE TERMS OF SALE
  5. 1. Payments, Taxes, and Refund Policy
  6. The IceKingdomSurvival.com store ("Store") accepts these forms of payment: payments through buycraft.net/Paypal. If your buycraft.net/Paypal account is being used for a transaction, the Store may obtain preapproval for an amount up to the amount of the order. Billing occurs at the time of or shortly after your transaction. If you are using your buycraft.net/PayPal account, your order may be authorized and billed in increments during one purchasing session, so it may appear as multiple orders on your statement. You agree that you will pay for all products you purchase through the Store, and that the Store may charge your buycraft.net/PayPal account for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your purchase. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING THE STORE WITH A VALID PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the buycraft.net/PayPal account you designate during the registration process. Your total price will include the price of the product plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you download the product. We will charge tax only in states where digital goods are taxable. All sales of products are final. Prices for products offered via the Store may change at any time, and the Store does not provide price protection or refunds in the event of a price reduction or promotional offering. If a product becomes unavailable following a transaction, but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by the Store.
  7. 2. WARRANTIES
  8. STORE AND THEIR AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO PURCHASES FROM IceKingdomSurvival.com STORE AND BUYCRAFT.NET, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OF COMPUTER PROGRA, ACCURACY OF INFORMATIONAL CONTENT, PURPOSE OF USER, COMPATABILITY OR SYSTEM INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A PURCHASE IS NONFUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH PURCHASE.
  9. 3. Electronic Contracting
  10. Your use of the Store includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECETRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE STORE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. The Store is not responsible for typographic errors. B. IceKingdomSurvival.com SERVICES, IceKingdomSurvival.com WEBSITE, IceKingdomSurvival.com STORE, AND EXECUTIVE HOSTING SERVICES TERMS AND CONDITIONS OF USE. THESE TERMS AND CONDITIONS OF USE (THE "TERMS OF USE") APPLY TO THE IceKingdomSurvival WEBSITE LOCATED AT IceKingdomSurvival.com, AND ALL ASSOCIATED SITES LINKED TO IceKingdomSurvival.com BY IceKingdomSurvival, ITS SUBSIDIARIES AND AFFILIATES ("SITE"). THE SITE IS THE PROPERTY OF IceKingdomSurvival ("IceKingdomSurvival" AND COLLECTIVELY "WE," "US," OR "OUR") AND ITS LICENSORS. These Terms of Use will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms of Use. The words "use" and/or "using" in these Terms of Use mean any time an individual (a "user"), directly or indirectly, with or without the aid of a machine, device, or program, does or attempts to access, interact with, use, display, view, print or copy from, transmit, receive or exchange data or communicate with, the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. These Terms of Use do not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Terms of Use between you and IceKingdomSurvival regarding the use of the Site and it can only be modified by IceKingdomSurvival as governed in these Terms of Use.
  11. 1. The Store Service
  12. Site is the provider of the Store, which permits you to purchase digital content for end user use only under the terms and conditions set forth in this Agreement.
  13. 2. Requirements for Use of the Site and Store
  14. These terms and conditions regarding your use of the Site constitute a legally binding agreement between you and IceKingdomSurvival and your use of the Site constitutes acknowledgement that you understand and agree to abide by the terms of the Terms of Use including any additional terms that govern certain products and services, which will be presented in conjunction with those products and services (collectively "Additional Terms") The Site is available for individuals aged 13 years or older. If you are 13 or older, but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. The Store is available for individuals aged 18 or older. By using the Store you acknowledge and confirm that you are 18 years of age or older. The Site may also provide rules of participation ("Rules") for certain activities and services including, but not limited to, contests and sweepstakes, award programs, subscription services and e-commerce services ("Services"). The term "Site" includes all websites and web pages within the Site as well as any associated equivalent, mirror, replacement, substitute or backup websites and web pages. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Site" includes "Material" and "Services." Use of the Site requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video. The latest version of required software is recommended to access the Site and may be required for certain transactions or features and to download products purchased from the Store. You agree that meeting these requirements, which may change from time to time, is your responsibility. The Site is not part of any other product or offering, and no purchase or obtaining any other product shall be construed to represent or guarantee you access to the Site and the Store. IceKingdomSurvival may require each user to have a unique user name and password combination in order to use the Site and may also, from time to time, provide users with additional codes or passwords necessary to access and use certain features or functions of the Site and Store. As part of the registration process you will choose a user name and password or IceKingdomSurvival may assign an initial password which you will have the option to change. Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. IceKingdomSurvival is not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to notify IceKingdomSurvival immediately if you become aware of or believe there is or may have been any unauthorized use of your user name or password or any other need to deactivate your user name or password due to security concerns. USER NAMES AND PASSWORDS ARE ISSUED ON A PERSONAL BASIS. ACCORDINGLY, ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR USER NAME AND/OR PASSWORD ON THE SITE OR STORE WILL BE DEEMED BINDING ON YOU. You agree that you are solely responsible and liable for all actions taken via your user name and/or password, whether or not made with your knowledge or authority. You agree to guard your user name and password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site and/or Store for which you will be legally responsible.
  15. 3. Content
  16. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to IceKingdomSurvival, and its Affiliates, and any of their successors and assigns, and any of their respective licensors, Advertisers (as defined below), suppliers, and operational service providers and are legally protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws under United States Federal and State, as well as applicable foreign laws, regulations, and treaties. On notice, IceKingdomSurvival will act expeditiously to remove content on the Site that infringes the copyrights of others and will disable access to the Site of anyone who repeatedly infringes upon the intellectual property rights of others. IceKingdomSurvival takes protection of copyrights, both our own and others, very seriously. IceKingdomSurvival therefore employs multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without IceKingdomSurvival's express prior written consent.
  17. 4. Your Use of the Site
  18. IceKingdomSurvival reserves all rights to the Site and all Content at no time is there a transfer of ownership from IceKingdomSurvival to you. You are being granted a limited license to use the Site as set forth in this Terms of Use. IceKingdomSurvival hereby grants you a limited license to use the Site and Store only for the purposes of accessing, viewing or playing content, posting or submitting User Material, using the embedded link function, placing product orders or for accessing information, Applications (as defined herein) and services solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of IceKingdomSurvival. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. You warrant that you are the sole user of the Site and no other third party including but not limited to family member, household member, and/or friend has been or will be authorized to use the Site. IceKingdomSurvival reserves the right to suspend or deny, in its sole discretion, your use of all or any portion of the Site and Store. Any rights not expressly granted to you herein are reserved to IceKingdomSurvival. Minors should seek consent of his or her legal guardian before using this site. Unless you have received specific written permission from IceKingdomSurvival, you may not (a) "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site; (b) alter or modify any content on the Site; or (c) deep link or gain unauthorized access to any portion of the Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site for any commercial purpose. You may not use any "deep-link," "page-scrape," "robot," "spider," or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site. IceKingdomSurvival reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any IceKingdomSurvival server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customers of IceKingdomSurvival, including any IceKingdomSurvival account not licensed to you, to its source, or exploit the Site or any service of information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or IceKingdomSurvival's systems or networks, or any systems or networks connected to the Site or to IceKingdomSurvival. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to IceKingdomSurvival on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of IceKingdomSurvival or others.
  19. 5. Limited Non-Commercial License to Use Applications
  20. IceKingdomSurvival may offer you the ability to use certain applications, including without limitation, instant messages, chat areas, bulletin boards, e-mail functions, software and services that allow you to download specific content from the Site to your computer, multi-player games and software that allows you to create greetings, puzzles, photographs, musical compositions and mixes, music videos and cartoons ("Applications"). Without limiting your obligations and restrictions described above, your limited license to use the Applications is subject to the following conditions: • The Applications that are made available to you are the copyrighted work of IceKingdomSurvival and/or its Affiliates and/or its suppliers. • You are granted only a limited license to download and/or use the Application from a single computer for personal and non-commercial purposes. You may not make copies of or distribute the Application or electronically transfer the Application from one computer to another or over a network, nor may you separate any content from an associated Application. You may not decompile, reverse engineer, disassemble or otherwise reduce the Application to human perceivable form. You may not rent, lease or sublicense the Application. You may not create derivative works of the Application and you may not export the Application in violation of any U.S. Federal, State and/or foreign law, rule or regulation. All rights in Applications not specifically granted to you in writing by IceKingdomSurvival are reserved to IceKingdomSurvival. • IceKingdomSurvival may cease support of any Application at any time in its sole discretion or terminate your use of or access to any Application, as further described in the Terms of Use. Applications you use or download from the Site may contain third party digital rights management systems ("DRMS") which may allow for communication between your software and the third party and utilize security features (e.g., preventing distribution of or access to the applications in the event of unauthorized use). These DRMS are subject to their own license agreements and you agree that IceKingdomSurvival shall not be responsible for any loss or damage of any sort relating to or resulting from the use of the DRMS or your dealings with such third parties. The Applications may also contain DRMS produced by IceKingdomSurvival which allow for communication between the applications you use or download and our systems and which collect information describing your computer system in order to prevent illegal or unauthorized use of the applications. More specifically, the DRMS for subscription services and Applications licensed from the Site may transmit the following pieces of information, along with other information, when you either enter a purchase key or sign in with your subscription service user name and password: Operating System, CPU Version Information (including serial number from a serial-number-enabled Pentium III), BIOS Version Information, NetBIOS Computer Name, DOS HD Serial Number, Hard Drive Size / Geometry, S.M.A.R.T. IDE HD Serial Number, Network Card MAC Address, IP Address and Size of Physical Memory.
  21. 6. Rules of Conduct
  22. Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name and/or password. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to: • be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else; • affect us adversely or reflect negatively on us, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site; • send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, surveys, contests, pyramid scheme, or so-called "spamming" and "phishing"; • unless approved by us, be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages; • transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information; • create a false identity for the purpose of misleading others or forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason; • disrupt the normal flow of Communities (as defined below) with an excessive number of messages (i.e. flooding attack) or that otherwise negatively affects other users' ability to participate in Communities; • contact anyone who has asked not to be contacted; "stalk" or otherwise harass anyone; • violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Terms of Use; • modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights of use and enjoyment of the Site by any other person, firm or enterprise; or • collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so. If you choose to use the embedded link function, you agree not to embed a link on or within any illegal site, including but not limited to any site that is indecent, obscene or pornographic or that is determined to be otherwise objectionable in our sole and absolute discretion, and we reserve the right to disable embedded links at any time without notice.
  23. 7. Electronic Contracting
  24. Your use of the Site includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECETRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. The Store is not responsible for typographic errors.
  25. 8. Advertising
  26. From time to time, during your use of the Site, you may communicate with, receive communication from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners (collectively, the "Advertisers"). All such communication, interaction and participation is between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
  27. 9. Wireless Marketing Services, Promotional Opportunities, Contests, Sweepstakes, and Auctions
  28. From time to time, IceKingdomSurvival, its Affiliates or the Site's operational service providers, suppliers, and Advertisers, may conduct promotions on or through the Site, including, without limitation, auctions, contests and sweepstakes ("Promotions") which may be subject to Additional Terms and/or Rules. We may provide users the opportunity to register for special promotions, services, news, programming and information delivered via text messaging and other wireless devices such as mobile phones. Users must provide their consent to receive such information by complying with the specific terms related to such offering. Information that may be requested for specific promotions includes, without limitation, a user's preferences regarding goods or services, choices of music or artists, or other similar survey information. Depending on the promotion, we may also collect an Internet email address or other information and, depending on the information collected, the user may also be required to confirm his or her agreement to this Agreement and, including without limitation, the Additional Terms and/or Rules. Under no circumstances will IceKingdomSurvival or its Affiliates be responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user's wireless device, telephone number, or email address. You understand, acknowledge and agree that we may, at our sole discretion and without liability to any user, terminate our offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. We may provide notice of such terminations or changes on this Site.
  29. 10. User Communication Features and Postings
  30. Your comments, suggestions and information are important to us. Portions of this Site may provide you and other users an opportunity to participate in instant messaging, forum services, blogs, web communities and other message and communication facilities (collectively "Communities") and may provide you the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange (a) information, ideas, opinions, messages or other information ("Post" or "Postings") and (b) User Material. You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely and entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Site. Postings do not reflect the views of the Site, IceKingdomSurvival or their Affiliates. We reserve the right to monitor, edit or screen any Postings. If we determine, in our sole discretion, that any Posting does or may violate any of the terms of this Terms of Use, we reserve the right, at any time and without limiting any and all other rights we may have under this Terms of Use, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; (d) disclose any information that we deem necessary to ensure your compliance with all applicable laws and with this Agreement; and/or (e) use any technological, legal, operational or other means available to us to enforce the provisions of this Terms of Use, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site. If a Posting originates from you or your account, you hereby agree that: (a) you specifically authorize the Site, IceKingdomSurvival, their Affiliates to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant that (i) the Posting is original to you and/or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Terms of Use, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of any user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; and (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that (i) you have the right to grant the Site, IceKingdomSurvival, and their Affiliates the right to use all such Postings as described above, (ii) the Posting was produced in compliance with all applicable laws and regulations. You understand, acknowledge and agree that we have the right to delete, re-format and/or change your Postings in any manner that we may determine (although you will not be responsible for any such changes made). The amount of storage space on the Site per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
  31. 11. Hyperlinks to Third Party Sites
  32. The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, the Site, IceKingdomSurvival or any of its Affiliates, any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers. We do not verify, endorse or have any responsibility for any such third party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site, whether the Site's, IceKingdomSurvival's, or any of their Affiliates' logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability.
  33. 12. Ads and Malware
  34. We take great care and pride in creating this Site. We are always on the lookout for technical glitches that effect how the Site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Site -- and that is beyond our control. If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware -- short for MALicious softWARE -- is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit. Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician.
  35. 13. Violation of These Terms of Use
  36. IceKingdomSurvival may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) IceKingdomSurvival's rights or property, or the rights or property of visitors to or users of the Site, including IceKingdomSurvival's customers. IceKingdomSurvival reserves the right at all times to disclose any information that IceKingdomSurvival deems necessary to comply with any applicable law, regulation, legal process or governmental request. IceKingdomSurvival also may disclose your information when IceKingdomSurvival determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that IceKingdomSurvival may preserve any transmittal or communication by you with IceKingdomSurvival through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or IceKingdomSurvival determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of IceKingdomSurvival, its employees, users of or visitors to the Site, and the public. You agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to IceKingdomSurvival, for which monetary damages would be inadequate, and you consent to IceKingdomSurvival obtaining any injunction or equitable relief that IceKingdomSurvival deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies IceKingdomSurvival may have at law or in equity. If IceKingdomSurvival does take any legal action against you as a result of your violation of these Terms of Use, IceKingdomSurvival will be entitled to recover from you, and you agree to pay, all reasonable attorney's fees and costs of such action in addition to any other relief granted to IceKingdomSurvival.
  37. 14. Deactivation/Termination of Your Registration or Use
  38. If you are registered to use the Site, you may deactivate your account on the Site, at any time and for any reason. We may terminate your use of and registration of the Site at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. You agree that IceKingdomSurvival will not be liable to you or to any third party for termination of your access to the Site.
  39. 15. WARRANTIES AND DISCLAIMERS
  40. IceKingdomSurvival AND THEIR AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OF COMPUTER PROGRAM, ACCURACY OF INFORMATIONAL CONTENT, PURPOSE OF USER, COMPATABILITY OR SYSTEM INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. THIS SITE AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, MATERIALS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. IceKingdomSurvival CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST IceKingdomSurvival FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, Postings and Materials associated with your use of the Site. IceKingdomSurvival makes no promise, guaranty or assertion that any visitor or user of the Site will be satisfied in the Content and/or performance of the Site. EXCEPT AS SPECIFICALLY SET FORTH IN THIS TERMS OF USE, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS AND MATERIALS EXCEPT AS SPECIFICALLY MADE IN WRITING.
  41. 16. Limitations of Liability
  42. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, IceKingdomSurvival, ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS TERMS OF USE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF IceKingdomSurvival HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY EXECUTIVE HOSTING OR ANY OF THEIR AFFILIATES OR AGENTS SHALL BE, AT EXECUTIVE HOSTING'S OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON EXECUTIVE HOSTING; OR (2) REFUND OF THE AMOUNT THAT YOU PAID TO EXECUTIVE HOSTING. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  43. 17. Assumption of Risks and Mature Content
  44. YOU ASSUME ALL RISKS THAT THE SITE, CONTENT, USER MATERIALS, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN MULTI-PLAYER GAMES OR VISITING CHAT ROOMS YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANUAGE OR REFERENCES. YOU AGREE THAT IceKingdomSurvival OR ANY OF THEIR AFFILIATES OR AGENTS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.
  45. 18. Indemnity
  46. You agree to indemnify, defend and hold the Site, IceKingdomSurvival and any of the Affiliates, or any of their respective officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorney's fees), made against IceKingdomSurvival by any third party due to or arising out of or in connection with your use of the Site.
  47. 19. Modifications
  48. IceKingdomSurvival reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time, for any reason at IceKingdomSurvival's sole discretion. Such changes and/or modifications shall become effective immediately. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, and any Additional Terms, IceKingdomSurvival grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
  49. 20. Miscellaneous
  50. This Terms of Use, together with any Additional Terms, Rules, and any other regulation, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and us and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site. This Terms of Use cannot be changed or terminated orally.
  51. 21. Severability
  52. If any provision of this Terms of Use or its application to any person or circumstance is held to be illegal, invalid or unenforceable, the invalidity, illegality, or unenforceability not affect any other provisions or applications and the Terms of Use will be deemed amended to the extent necessary to make it legal, valid and enforceable, and to this end the provisions and applicability of this Terms of Use are severable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Terms of Use.
  53.  
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  55. You also agree:
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  58. Products are intangible
  59. All products sold in this store are intangible - they are benefits and perks for IceKingdomSurvival, any items or perks listed are virtual perks and items.
  60.  
  61. Perks and benefit changes
  62. We reserve the right to change any perks or items you receive from purchasing at any time.
  63.  
  64. Refund Policy
  65. All sales are final, you may not buyback, stop, credit the server by any means necessary in order to receive
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