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This Agreement. This Web Site Access and Use Agreement (the "Agreement") is between you and Chilling Out Productions Inc. (“COP"), and contains terms and conditions pertaining to your use of the "iceageonice.com" web site as well as COP’s affiliated websites, including the www.kobaentertainment.com and related websites (collectively the "Chilling Out Websites"). The Chilling Out Websites are offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Chilling Out Websites constitutes your agreement to all such terms, conditions, and notices. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE WEB SITE.
Modifications Of This Agreement. COP reserves the right to change the terms, conditions, and notices under which the Websites are offered, including but not limited to the charges (if any) associated with the use of the Chilling Out Websites. Notification of changes will be posted on the respective Chilling Out Website, and you are responsible for regularly reviewing these terms and conditions.
Grant of Access. This Agreement provides you with a non-exclusive grant of access to and use of the Chilling Out Websites at the sole discretion of COP and subject to your continuing compliance with the terms and conditions of this Agreement.
Right To Restrict Access. COP reserves the right to change, suspend, or discontinue any aspect of iceageonice.com Website and any other Chilling Out Websites at any time, including the availability of any feature, database or content contained in the Chilling Out Websites. COP may also impose limits on certain features and services or restrict your access to parts of or all of the Chilling Out Websites without notice or liability. COP reserves the right in its sole discretion to correct any errors or omissions in any part of the Web Site.
Personal And Non-Commercial Use Limitation. Unless otherwise specified, the Chilling Out Websites are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content, information, software, products or services obtained from the Chilling Out Websites.
Links To Third Party Sites. The Chilling Out Websites may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of COP and COP is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. COP is not responsible for webcasting or any other form of transmission received from any Linked Site. COP is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by COP of the Linked Site, its contents, or any association with its operators. Your use of any Linked Site is subject to the terms and conditions of the respective Linked Site.
No Unlawful Or Prohibited Use. As a condition of your use of the Chilling Out Websites, you warrant to COP that you will not use any Chilling Out Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use any Chilling Out Website in any manner which could damage, disable, overburden, or impair the Chilling Out Websites or interfere with any other party's use and enjoyment of the Chilling Out Websites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Chilling Out Website.
Copyright. All content of the Chilling Out Websites is the copyrighted property of either COP and/or COP’s participating partners and/or those providing content to COP ("Content Suppliers").
Trademarks. All rights in and to the trademarks and tradenames “Ice Age”, “Ice Age On Ice”, “Twentieth Century Fox Film Corporation”, “Stage Entertainment”, "Chilling Out Productions", and "Koba Entertainment" are reserved to the proprietors thereof. Character names and other company names contained in the Chilling Out Websites are the trademarks of their respective owners and all rights thereto are reserved to such respective owners.
Reservation of Rights. All copyrights, trademarks, and other intellectual property rights are hereby reserved.
Use of Communication Services. The Chilling Out Websites may contain news groups, forums, communities, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
(i) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
(ii) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
(iii) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
(iv) Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
(v) Conduct or forward surveys, contests, pyramid schemes or chain letters.
(vi) Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
(vii) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
(viii) Restrict or inhibit any other user from using and enjoying the Communication Services.
(ix) Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service or violate any applicable laws or regulations. (x) Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
No Obligation To Monitor Communication Services. COP has no obligation to monitor the Communication Services. However, COP reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. COP also reserves the right in its sole discretion to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Limitation of Liability. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. COP does not control or endorse the content, messages or information found in any Communication Service and, therefore, COP specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.
Submissions Provided By You Not Confidential. You acknowledge that any materials or messages posted, files uploaded, data input or any other form of communication through the Chilling Out Websites ("Submissions") are not confidential and that such Submissions may be read or intercepted by others. You acknowledge that by submitting Submissions to the Chilling Out Websites no confidential, fiduciary, contractually implied or other relationship is created between you and COP other than pursuant to this Agreement.
License To COP In Submissions. By posting, uploading, inputting, providing or submitting your Submission you are granting COP, its affiliated companies and licensees the non-exclusive worldwide unrestricted cost and royalty-free license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission, in connection with commercial or non-commercial endeavours. No compensation will be paid with respect to such use of your Submission. COP is under no obligation to post or use any Submission you may provide and COP may remove any Submission at any time in COP's sole discretion.
Warranty & Representation. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and to grant to COP the right and license to copy, publicly display and otherwise exploit your Submission as more fully described in the preceding paragraph. You hereby waive all rights to any claim against COP for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with such Submissions.
Software License Agreement. Your use of software (if any) that is made available to download from the Chilling Out Websites, excluding software that may be made available by end-users through a Communication Service ("Software"), is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a License Agreement, COP hereby grants to you, the user, a personal, non-transferable license to use the Software only for viewing and otherwise using the Web Site in accordance with the terms of this Agreement, and for no other purpose. All Software Copyright Protected. All Software is the copyrighted work of COP and/or its Content Suppliers and is protected by copyright laws and international treaty provisions, all of which being hereby reserved. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. You shall keep intact all copyright and other proprietary notices. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. the software is warranted, if at all, only according to the terms of the License Agreement. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of Canada. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to these export restrictions.
No Representation or Warranties by COP. You agree that the Chilling Out Web Sites, including all content, Software, functions, materials and information made available on or accessed through the Chilling Out Websites, are provided to you at your own risk for your personal non-commercial use and on an "as is, as available" basis. To the fullest extent permissible by law, COP makes no representations, endorsements or warranties, expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, with respect to COP, the Content Suppliers, the Chilling Out Websites, or any content, merchandise, information or service provided through the Chilling Out Websites or on the Internet generally or the functions made accessible by any software used on or accessed through the Chilling Out Websites, for any hypertext links to third party web sites or for any breach of security associated with the transmission of sensitive information through the Chilling Out Websites or any linked site. COP does not warrant that the functions contained in the Chilling Out Websites or any content contained therein will be uninterrupted, error free or that defects will be corrected.
No Endorsement by COP of Internet information. You understand that COP and its Content Suppliers do not operate, control, or endorse any information, products or services on the internet in any way nor does COP or its Content Suppliers represent or endorse the accuracy or reliability of any advice, opinion, statement or other content displayed or distributed through the Chilling Out Websites. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or content shall be at your sole risk. You agree that neither COP nor its Content Suppliers shall be liable for any cost or damage arising either directly or indirectly from any such opinions, advice, services, merchandise and other content. You understand further that the internet contains unedited materials, some of which are sexually explicit or may be offensive to you, that you access such materials at your own risk and that COP has no control over and accepts no responsibility whatsoever for such materials.
No Liability. You agree that in no event will COP, its affiliates, and COP's and its affiliates' respective officers, directors, employees, agents and contractors 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 Web Site, or any content or transactions provided on the Web Site, even if COP, its affiliates, and COP's and its affiliates or their authorized representatives have been advised of the possibility of such damages; or (ii) any claim attributable to errors, omissions, or other inaccuracies in the Chilling Out Websites and/or content, materials or information downloaded through the Chilling Out Websites; or (iii) any injury, sickness, disease, death, damages, claims, or liability arising out of or attributable to the use by anyone of the Chilling Out Websites or of any hardware, including any television set, monitor, or screen, arising out of or attributable to use by anyone of such hardware for the purpose of accessing and/or viewing the Chilling Out Websites.
Indemnity. You undertake and agree to ensure that all persons you authorize to use the Chilling Out Websites have read and will comply with the terms and conditions of this Agreement and are solely responsible and liable for actions which are in contravention of this Agreement or any applicable law. You agree to indemnify, defend and hold harmless COP, from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of this Agreement or any activity related to the Chilling Out Websites (including negligent or wrongful conduct) by you, by any persons allowed by you to access the Chilling Out Websites or by any other person accessing the Chilling Out Websites or services provided pursuant to the Chilling Out Websites using your identification or password. The provisions of this paragraph are for the benefit of COP, its affiliates, and their respective officers, directors, employees, agents and contractors. Each of these entities or individuals shall have the right to assert and enforce these provisions directly against you on its own behalf.
COP reserves the right (but has no obligation), at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and COP as a result of this Agreement or use of the Chilling Out’s Websites. COP's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of COP's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Chilling Out Websites or information provided to or gathered by COP with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and COP with respect to the Chilling Out Websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and COP with respect to the Chilling Out Websites. Headings are for convenience only. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This Agreement and your use of the Chilling Out Websites shall be governed by the laws of the Province of Manitoba and the laws of Canada applicable therein. You agree that exclusive jurisdiction for any claim or dispute resides in the courts of the Province of Manitoba. You further agree and expressly consent to attorn to the jurisdiction of the courts of the Province of Manitoba in connection with any dispute or claim involving you, COP, COP's affiliates, or the Chilling Out Websites. COP may assign its rights under this Agreement and its ownership of the Web Site or any interest therein at any time without notice to you. You may not assign your rights under this Agreement to anyone.