ICEFUSE NETWORKS TERMS OF SERVICE


IMPORTANT! PLEASE READ CAREFULLY. THIS VERSION OF THE ICEFUSE.NET TERMS OF SERVICE WILL BECOME EFFECTIVE ON MARCH 20, 2017 AT 5:00 A.M., E.S.T.

Thank you for using the ICEFUSE.NET service (the “Service”). These Terms of service (the “Agreement”) set forth the terms and conditions under which you are provided access to the Service by Icefuse Networks, a united states company. (“Icefuse” or “we”). This Agreement does not supersede the End User License Agreement (the "EULA") that accompanies Icefuse's services (each a “service”) or any other specific Terms of service that accompanies a service (the “server-specific Terms of service”). The EULA governs your use of the service – that part of any service content installed on your computer – and this Agreement governs your use of the service. In the event of a conflict between the terms of this Agreement and the EULA and/or any service-specific Terms of service, the EULA and/or the service-Specific Terms of service shall govern and supersede the terms of this Agreement.

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS OF SERVICE AGREEMENT. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS LEGAL CONTRACT. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE SERVICE (AS DEFINED BELOW).


Subject to the terms and conditions of this Agreement and your agreement to and continuing compliance with this Agreement, Icefuse Networks hereby grants you a revocable, non-transferable, non-sublicensable and non-exclusive license to use the Service solely for your own non-commercial entertainment purposes by accessing it with a web browser or an authorized, unmodified Game client.
The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the "License Limitations"). Any use of the Service or any Game in violation of the License Limitations will be regarded as an infringement of Icefuse Networks’s copyrights in and to the Service and/or Game. You agree that you will not, under any circumstances:
create or use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Service, any Game or any Game experience;
exploit the Service, a Game or any part thereof for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other commercial establishment without the express written consent of Icefuse Networks, unless otherwise stated in a EULA; (b) to communicate or facilitate any commercial advertisement or solicitation; (c) for gathering in-game currency, items or resources for sale outside the Game without Icefuse Networks’s authorization; (d) selling or trading Game characters or accounts for the Service and/or a Game; or (e) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
use the Service for any “e-sports” or group competition sponsored, promoted or facilitated by any commercial or non-profit entity without Icefuse Networks’s prior written consent;
buy or sell for real money or in exchange for in-game currency, items or resources that may be used in a Game outside the Game without Icefuse Networks’s authorization;
let any third party (except for a minor as stipulated under Section 4 below) use your account on the Service or for a Game;
use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through any Game or the Service, including without limitation any software that reads areas of RAM used by any Game or the Service to store information about a character or a Game environment; provided, however, that Icefuse Networks may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
modify or cause to be modified any files that are a part of any Game or the Service in any way not expressly authorized by Icefuse Networks;
host, provide or develop matchmaking services for any Game or the Service, or intercept, emulate or redirect the communication protocols used by Icefuse Networks in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
facilitate, create or maintain any unauthorized connection to any Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service or any Game; and (b) any connection using programs or tools not expressly approved by Icefuse Networks.
disrupt or assist in the disruption of (i) any computer used to support the Service or any Game environment (each a "Server"); or (ii) any other player's Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
Before you can use the Service, you must: (i) read, understand and agree to this Agreement and the Privacy Policy located at http://icefuse.net and (ii) register an account on the Service (an “Account”). If you want to play a Game on the Service you must additionally: (i) read, understand and agree to the In Game Policies located at http://icefuse.net and the applicable service-specific Terms of service and EULA for each of the service(s); You are responsible for any internet connection fees that you incur when accessing the Service and any additional fees that might incur when using a our services.
Subject to the laws of your country of residence, minor children may utilize an Account established by their parent or legal guardian with the approval of their parent or legal guardian. In your capacity as a parent or legal guardian, in the event that you provide your approval to allow your minor child to use an Account on the Service, you hereby agree to this Terms of service Agreement on behalf of yourself and your minor child, and you represent and warrant that you will be responsible for all uses of the Account by your minor child whether or not such uses were authorized by you, including, but not limited to, your minor child’s acceptance of the EULA for Games that are playable on the Service or any Game-specific Terms of Use.
You may establish an Account only if you are a “natural person” and 13 years of age or older. Note that certain features of the Service, or Games playable on the Service, may not be available to minors. Corporations, Limited Liability Companies, partnerships and other legal or business entities may not establish an Account. Individuals prohibited by Icefuse Networks from using the Service may not create or use an Account. By accepting this Agreement, you hereby represent and warrant that you meet these eligibility requirements. If at any time Icefuse Networks becomes aware that you have registered an Account without meeting the foregoing requirements, Icefuse Networks reserves the right to take steps to suspend, terminate and/or delete the Account.
When creating or updating an Account on the Service, you are required to provide Icefuse Networks with certain personal information such as your name, address, email address and, in some cases, payment information. You agree that you will supply accurate and complete information to Icefuse Networks when requested, and that you will update that information promptly after it changes.
Username and Password. During the Account creation process, you may be required to select a unique username and/or a password (collectively referred to hereunder as "Login Information"), and you may not share the Account or the Login Information with anyone other than as expressly set forth herein. You are responsible for maintaining the confidentiality of the Login Information, and, provided that you act negligently or willfully, you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Icefuse Networks through our web contact form at http://icefuse.net
If you have an active Account you may participate in Icefuse Networks’s ICEFUSE.NET Credit service. ICEFUSE.NET Credit can only be redeemed for certain products and services that are available to you on the Service. ICEFUSE.NET Credit can be acquired, used and redeemed on the Service in a variety of ways as determined by Icefuse Networks. Regardless of how it is acquired, ICEFUSE.NET Credit is non-transferable to another person or Account, has no cash value, does not accrue interest and, unless otherwise required by law or permitted by this Agreement, is not redeemable or refundable for any sum of money or monetary value from Icefuse Networks at any time. ICEFUSE.NET Credit is not a deposit account.
To add to your Account ICEFUSE.NET Credit, go to https://icefuse.net/store and follow the instructions provided to you on the page. Transactions to add ICEFUSE.NET Credit or redeem ICEFUSE.NET Credit are governed by the Terms of Sale, which can be viewed at https://icefuse.net/store/tos.php, It may take up to five (5) days before purchases of ICEFUSE.NET Credit are made available on your Account for your use. Certain minimums may apply to purchases when adding ICEFUSE.NET Credit to your Account, and the maximum value of your ICEFUSE.NET Credit is limited as well as the maximum value of all transactions using ICEFUSE.NET Credit per day. In order to check the applicable maximum values for your currency, go to https://icefuse.net Icefuse Networks reserves the right to change the maximum and minimum amounts at any time.
You may choose to add ICEFUSE.NET Credit in different currencies that are applicable to your country of residence, in order to redeem ICEFUSE.NET Credit for certain goods and/or services offered on the Service. In order to check the applicable value for your currency, go to https://icefuse.net/store/profile.php. Icefuse Networks reserves the right to change the value limitation at any time. Icefuse Networks will not send you a statement of itemized transactions on the Account. In order to check the ICEFUSE.NET Credit loaded on the Account, or review recent transactions on the Account, go to https://icefuse.net/store/profile.php.
You are responsible for all ICEFUSE.NET Credit transactions, including unauthorized transactions.
You are responsible for all uses of your ICEFUSE.NET Credit. If you suspect that the Account has been compromised, you should contact Icefuse Networks customer service at https://icefuse.net. ICEFUSE.NET Credit will only be protected from the point that Icefuse Networks issues a message to you indicating that Icefuse Networks has received your notice that the Account may have been compromised. You are solely responsible for verifying that the proper amount of ICEFUSE.NET Credit has been added to or deducted from your Account. You can view your ICEFUSE.NET Credit from your account management page. Note that we may require additional information and/or documentation to verify your claim. From that point forward, Icefuse Networks will take actions to freeze your ICEFUSE.NET Credit, and will unfreeze your ICEFUSE.NET Credit once Icefuse Networks has returned control of your ICEFUSE.NET Credit to you.
Icefuse Networks reserves the right to reduce, liquidate, deactivate, suspend or terminate ICEFUSE.NET Credit added to the Account or access to ICEFUSE.NET Credit or other Icefuse Networks Games or Service features if Icefuse Networks determines, after investigation and in accordance with Section 7.1 below, that you have misused ICEFUSE.NET Credit or have otherwise used ICEFUSE.NET Credit to conduct any fraudulent or illegal activity.
In the event that you are in any way responsible for compromising Accounts, Icefuse Networks retains the right to remove ICEFUSE.NET Credit from the Account gained through compromising other Accounts, suspending access to any services provided to you by Icefuse Networks, such as access to in-Game auction houses and/or terminating the Account, subject to the terms of Section 7.1 below.
If you fail to comply with any terms contained in this Agreement, the In Game Policies and/or a Game EULA, Icefuse Networks will provide you with a warning of your non-compliance. In case of a serious violation of this Agreement, the in Game Policies and/or a Game EULA, Icefuse Networks will be entitled to immediately terminate the Service without any prior warning. Serious violations are violations of important provisions which include Sections 2, 5.2 and 9 of this Agreement or repeated violations of other provisions of this Agreement, the in Game Policies and/or a Game EULA, including further non-compliance where you already have received a prior warning.
You are entitled to terminate this Service at any time by ceasing all use of the Service, except, however, products purchased on the Service. You can cancel your Account registered to you at any time by following the instructions on the Website.
Agreements. Icefuse Networks may, from time to time, change or modify this Agreement. In this case Icefuse Networks will notify you of any such changes or modifications by providing special notice. If you do not object to the amended Agreement within one (1) month following the special notice, your continued use of the Service will mean that you accept the amended Agreement. With the special notice Icefuse Networks will remind you that your continued use after the expiration of one (1) month following the special notice means that you accept any and all changes. Those changes or modifications will not affect essential characteristics of the service.
Software and Services. In an effort to improve its products and services, Icefuse Networks may require that you download and install updates to the Service and to the Games you have installed on your computer. You acknowledge and agree that Icefuse Networks may update the Service and the Games, including the Game client(s) on your computer, with or without notifying you.
Game clients and Service. The Game clients and the Service (including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings or replays of Games, and the Game client and server software) are copyrighted works owned by Icefuse Networks and its licensors. Icefuse Networks reserves all rights in connection with the Games and the Service, including without limitation the exclusive right to create derivative works. You agree that you will not create any work based on the Games or the Service except as expressly set forth by Icefuse Networks in contest rules.
Account. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF Icefuse Networks. Icefuse Networks does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void.
All content Icefuse Networks owns, has licensed, or otherwise has rights to all of the content that appears in the Service or the Games. You agree that you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in any Game, or any other attributes associated with the Account or stored on the Service. Icefuse Networks does not recognize any purported transfers of virtual property executed outside of a Game, or the purported sale, gift or trade in the "real world" of anything that appears or originates in a Game, unless otherwise expressly authorized by Icefuse Networks in writing.
No Violation of Laws. You agree that you will not, in connection with your use of a Game client or the Service, violate any applicable law or regulation.
Misuse of Service. You may not connect to or use the Service in any way not expressly permitted by this Agreement. Without limiting the foregoing, you agree that you will not (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Service or otherwise attempt to disrupt the Service or any other person's use of the Service; or (b) attempt to gain unauthorized access to the Service, Accounts registered to other players, or the computer systems or networks connected to the Service.
No Data Mining. You agree that you will not (a) obtain or attempt to obtain any information from the Service or any Game using any method not expressly permitted by Icefuse Networks; (b) intercept, examine or otherwise observe any proprietary communications protocol used by a client or the Service, whether through the use of a network analyzer, packet sniffer or other device; (c) use any third-party software to collect information from or through a Game client or the Service, including without limitation information about your character, any Account registered to you, virtual items, other players, or other Game data.
User Content. “User Content” means any communications, images, sounds, and all the material and information that you upload or transmit through a Game client or the Service, or that other users upload or transmit, including without limitation any chat text. You hereby grant Icefuse Networks a perpetual, irrevocable, worldwide, paid-up, non-exclusive, license, including the right to sublicense to third parties, and right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such User Content as well as all modified and derivative works thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content.
Collection of Non-Personal Data. Icefuse Networks shall have the right to obtain "non-personal" data from your connection to the Service in order to make certain demographic assumptions regarding the users of Service without any further notice to you.
Content Screening and Disclosure. Icefuse Networks does not, and cannot, pre-screen or monitor all User Content. However, if Icefuse Networks becomes aware of unlawful or illegal User Content, this content will be deleted or access to such content will be blocked.
FOR RESIDENTS OF THE EUROPEAN UNION THE WARRANTIES APPLY AS PER APPLICABLE STATUTARY LAW. FOR ANY RESIDENTS OUTSIDE THE EUROPEAN UNION THE FOLLOWING APPLIES: THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. Icefuse Networks DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME CLIENT OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Icefuse Networks is liable in accordance with statutory law (i) in case of intentional breach, (ii) in case of gross negligence, (iii) for damages arising as result of any injury to life, limb or health or (iv) under any applicable product liability act. Gross negligence refers to an action or omission of significant carelessness, demonstrating a clear disregard of one’s basic duties.
Without limiting the liability under Article 12.1. above, Icefuse Networks is only liable for slight negligence in case of a breach of a material contractual obligation. Material contractual obligation means any obligation (i) which is necessary for the fulfilment of the Agreement, (ii) the breach of which would jeopardize the purpose of the Agreement and (iii) the compliance with which one may generally trust in. In such cases, the liability will be limited to the typical and foreseeable damages. Slight negligence means any negligence which is not gross negligence. You agree to indemnify, defend and hold Icefuse Networks harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of this Agreement, any Game EULA or any Game-specific Terms of service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of The United States of America.
Export Controls. The files, programs, and any and all computer code contained or utilized by the Service may not be re-exported, downloaded or otherwise exported into any country against which the U.S. Government maintains comprehensive economic sanctions or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Denied Persons List or Entity List. Additionally, Icefuse Networks is also restricted from providing services that may be available through the Service to all such countries and/or individuals. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Assignment. Icefuse Networks may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent, as long as the assignment does not reduce your rights. You may not assign this Agreement without Icefuse Networks’s prior written consent, and any unauthorized assignment by you shall be null and void.
Severability. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Agreement shall be given full force and effect.
Attorneys' Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
Entire Agreement. This Agreement, including the documents or agreements expressly incorporated by reference herein, constitutes the entire agreement between you and us with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Service; provided, however, that this Agreement shall coexist with, and shall not supersede, Game EULAs and Game-specific Terms of service.
No Waiver. Our failure to enforce any provision of the TOU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of the TOU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Notices. All notices given by you or required under the TOU shall be in writing and addressed to: Icefuse Networks, United states Law Department.
Equitable Remedies. You hereby agree that Icefuse Networks would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the TOU, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Force Majeure. Icefuse Networks shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Icefuse Networks, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Icefuse Networks's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, or accidents.