Terms of Service
Last Updated: 17 September 2014.
If you do not accept and agree to be bound by all the Terms, do not use the service nor create an account on the application.
- Agreement to Terms
This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Service.
By accessing or using our Services, you agree that (i) you are age 13 or older, (ii) you understand and agree to these Terms, and (iii) if you are between the ages of 13 and 18, your legal guardian has reviewed and agrees to these Terms. You acknowledge that you give consent to have this Agreement and all notices provided to you in electronic form.
IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THESE TERMS IN THIS AGREEMENT, DO NOT USE THE SERVICE, USE OF THIS SERVICE IS PROHIBITED TO YOU. TO WITHDRAW FROM THIS AGREEMENT, YOU MUST CEASE USING THE SERVICE AND TERMINATE YOUR ACCOUNT.
- Changes to Terms or Services
The Company may modify the Terms at any time, at their sole discretion. If such event occurs, the Company will notify by posting the modified Terms on the website and the application with the new date as indicated by “Last Updated”. It is important that you review the modified Terms if you continue to use the Services. By continuing to use the service you are agreeing to be bound by the modified Terms. If you don’t agree or object with the modified Terms, then you should cease usage of the application and remove your account. You agree that the Company and the Application shall not be liable to you or to any third party for any change or modification to the Terms and Agreement.
The Application is in no way directed to persons under the age of 13. You must be at least 13 years of age to access and use the Application. Any use of the Application is void where prohibited. By accessing and using the Application, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
- Background Checks and Criminal History
If you create an account, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. Using the Application may be prohibited or restricted in certain countries. If you use the Application from outside of Hong Kong, you are responsible for complying with the laws and regulations of the territory from which you access or use the Application.
THE COMPANY DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS USERS. HOWEVER, THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK, AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS, TO CONFIRM YOUR COMPLIANCE WITH YOUR REPRESNTATIONS AND WARRANTS ABOVE. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK.
- Creating and maintaining an Account
In order to use IceBreak, you must register by signing in via Facebook or create an account with your electronic mail address and password. If you are creating an account by authorizing your Facebook account with the Application, the Application will extract certain personal information from your Facebook account, such as you full name, birthday, email, gender, profile photo and other personal information that your privacy settings on your Facebook account permit us to access. If you are creating an account using your email address, the Application will require you to enter your full name, email, birthday, gender, preference and password. For both methods, the Application will require you to enter a short description sharing your interest and occupation, these are optional fields and no minimum requirement for information to be presented.
- Content Rights and Ownership
Content in this Agreement refers to any text, graphics, images, music, audio, video, works of authorship of any kind, chat messages, or other materials that are posted, generated, provided or otherwise made available through the Application. User generated Content refers to Content created by you, and you have the right to amend, or remove any content associated from your Account. The company does not monitor or review the content you publish on the application. You are solely responsible for the content you post. Should such content be harmful, disrespect the users or in any way violates any Terms in this Agreement, the Company may delete any Content, in whole or in part, at the discretion of the Company. You agree to grant the Company, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by the Company will not infringe or violate the rights of any third party.
The Service is for personal use only. Users may not use the Service or any content contained in the Application in connection with any endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services not offered by the Company or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Users of the Service may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Service for any purpose. You acknowledge that the Service and Content are protected by copyright, trademark, and other laws of Hong Kong and other foreign territories. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Service.
All content generated by the Company are exclusively owned by the Company and you have no right to violate any associated intellectual property rights.
- Prohibited Content
To ensure a safe and enjoyable online environment for users of the Application, the Company will prohibit the following Content to be posted, upload, display or otherwise make available on the Application:
Promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Advocates harassment or intimidation of another person;
Requests money from, or is intended to otherwise defraud, other users of the Service;
Involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or similar activities);
Promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing priated computer programs or links to them, providing information to circumvent manufacture- installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; and
publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
The Company reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Service and terminating or suspending the account of such violators.
- Prohibited Activities
The Company reserves the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way the Company regards as inappropriate or unlawful, including actions or communications the occur off the Service but involve users you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:
impersonate any person or entity.
solicit money from any users.
post any Content that is prohibited by Section 9.
“stalk” or otherwise harass any person.
express or imply that any statements you make are endorsed by the Company without our specific prior written consent.
use the Service in an illegal manner or to commit an illegal act;
access the Service in a jurisdiction in which it is illegal or unauthorized;
ask or use users to conceal the identity, source, or destination of any illegally gained money or products.
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service.
interfere with or disrupt the Service or the servers or networks connected to the Service.
email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through use of third party software).
“frame” or “mirror” any part of the Service, without the Company's prior written authorization.
use meta tags or code or other devices containing any reference to the Company or the Service (or any trademark, trade name, service mark, logo or slogan of the Company) to direct any person to any other website for any purpose.
modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so.
post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Agreement.
- Acceptable Use Policy and Interactions with Other Users
It is the Company’s objective to ensure the Application’s user community feel safe when using the Application. The Company kindly asks you respect all users of the Application by ensuring all actions are within lawful purposes and in a manner that is consistent with our Acceptable Use Policy. If you violate any terms in the Acceptable Use Policy, the Company will suspend or terminate your Account.
You are solely responsible for your interactions with other users on the Application. You understand that the Company does not conduct criminal or background checks of the users of the Application. The Company does not inquire or monitor the statements and information provided by users of the Application. The Company makes no representations or warranties as to the conduct of users or their compatibility with any current or future users.
The Service are for your personal and noncommercial use only. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to the Services, except for limited reverse engineering activities that may be, and only to the extent, permitted by applicable law.
You also agree not to:
- Interfere with or disrupt the Service or servers or networks connected to the Application or Website
- Interfere with, disrupt or circumvent any security feature of the Services;
- Use the Service to violate, whether intentionally or unintentionally, any applicable, local, state, national or international law;
- Use the Service to harm minors in any way;
- Use the Service to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual;
- Defraud or mislead IceBreak or other users or impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Create any Account by automated means or false pretenses or use any other user’s Account for any purpose, including to circumvent a suspension or ban; or
- Disguise the origin of any access to the Service
You further agree to comply with all local rules regarding online conduct and acceptable User Content, and you agree to comply with all applicable laws regarding the transmission of technical data exported from Hong Kong or the country in which you reside.
This provision is not meant to be exhaustive, and the Company reserves the right to determine what conduct it considers to be in violation of this provision or otherwise outside the spirit of the Services and to take action, which may include termination of your Account and exclusion from further participation in the Service.
- Links to Third Party Sites or Resources
The Service may include links to other apps or sites that are not operated by the Company, including through advertisements. The links are provided to you only as a convenience and are not responsible for the content or links displayed on such apps or sites. If you decide to download a third-party app or access a third-party site, even if you do so to earn any rewards, you assume all risks related to such access and use.
- Modifications to Service
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Service, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Service.
- Making Copyright
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable the Company to find the alleged infringing material, such as a url);
your address, telephone number and email address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Termination of your Account
The Company reserves the right to terminate you access to and use of the Service, at our sole discretion, at any time and without notice to you. You may deactivate your Account at any time by selecting “Delete Account” button within the Settings page. When you do delete your account, your profile and Account will not be viewable by others. If you do not reactivate your account within 60 days, your Account will be forever terminated and closed. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
- Warranty Disclaimers
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRNTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE WUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE SERVICES OR ANY CONTENT.
- Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
- Indemnity by You
You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post in the Service, and the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.
- General Provisions
These Terms constitute the entire Agreement between you and the Company regarding the Service and the Application, and supersede and replace any prior agreements that may have been agreed upon between you and the Company regarding the Service and the Application. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without the Company’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. The Company may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefits of the parties, their successors and permitted assigns.
Any notices or other communications provided by the Company under these Terms, including those regarding modifications to these Terms, will be given: (i) by Icebreak Limited via email; or (ii) by posting to the Service and Application. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
The Company’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company. As used in these Terms, the word “including” means “including but not limited to.” Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
This Agreement is subject to change by the Company at any time.
© Icebreak Limited
Unit 308-313, 3/F, Enterprise Place, No. 5 Science Park West Avenue, Hong Kong Science Park, Shatin, N.T., Hong Kong