Ownership of Site Materials
Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Site (and all past, present and future versions), including, without limitation: graphics; layout; text; instructions, widgets; images; audio videos; designs; advertising copy; logos; domain names; trade names; and trade identities; any and all copyrightable material (including source and object code); the "look and feel" of the Site; the compilation, assembly and arrangement of the materials of the Site; and all other materials related to the Site (collectively, the "Materials") are owned, controlled or licensed by Icing, its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.
The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express permission of Icing, unless and except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited.
NOTICE TO THIRD PARTY SITES: Any of our Materials made available in connection with your site, or otherwise, is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our Materials upon notice and you will do so.
Your License to Use Materials on Our Site
You also agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard search engine or Internet browser usage), nor will you (b) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way except as specifically permitted by these Terms or otherwise in writing by Icing.
Copyrights and Other Intellectual Property
You may not use the Site for any purpose or in any manner that infringes the rights of any third party. Icing encourages you to report any content on the Site that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
Copyright. Icing has a designated agent for receiving notices of copyright infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Icing’s copyright agent the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Icing’s copyright agent for notice of claims of copyright infringement on or regarding the Site can be reached as follows::
Name: Stephen Sernett
Mailing address: 2400 West Central Road, Hoffman Estates, Illinois 60192
Phone number: (847) 765-4319
Fax: (847) 765-4618
E-mail address: email@example.com
NOTE: This contact information is for inquiries regarding potential copyright infringement only.
Other Intellectual Property. If you believe that any content on the Site contains violates your exclusive rights other than copyrights, please provide Icing at least the following information: (a) your physical or electronic signature; (b) identification of the material that you claim is infringing your exclusive rights and information reasonably sufficient to permit us to locate the material; (c) an explanation of the exclusive rights that you own/have and why the you believe the content infringes those rights, sufficient for us to evaluate the complaint; and (d) accurate contact information for you. Please send your complaint regarding content on this Site to: firstname.lastname@example.org.
General Rights Information. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
Icing will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party's intellectual property rights.
Any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Don't make false claims!
Please also note that the information provided in the legal notice you submit may be forwarded to the person who provided the allegedly infringing content.
Any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
User Comments and Postings
We may provide user comment areas, message boards or other interactive areas on the Site ("User Forums") to give select users of the Site a forum to express their opinions and share their ideas, information, materials, and other user-generated content (each, "User Content").
Rights You Grant to Us. Whenever you send, post, upload, or otherwise make available User Content on a User Forum or elsewhere on the Site or directly to Icing (including by e-mail or text message) you: (1) grant to Icing an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable and assignable, royalty-free license to use, exploit, reproduce, modify, translate, incorporate in other works, create derivative works from, publish, broadcast and perform that User Content and your name, voice, likeness and other identifying information in connection with that User Content via any media now known or later developed, without any compensatison to you, and (2) waive all of your moral rights in that User Content, even if the User Content is altered or changed in a manner not agreeable to you. You further authorize Icing to publish your User Content in a searchable format that may be accessed by users of the Site and the Internet.
No Responsibility. We are not responsible for, and we do not endorse, the User Content posted in User Forums or elsewhere on the Site.
No Obligation to Prescreen/Monitor. We do not have, and do not undertake, any obligation to prescreen, monitor, edit, or remove any User Content. However, we retain the right (but not the obligation), in our sole discretion and for any reason, to prescreen, monitor, edit, refuse to accept, post, remove, or move any User Content. Because we may not prescreen User Content, if your User Content contains offensive, indecent, or otherwise objectionable content, or infringes on the rights of any third parties, you may bear legal responsibility for that User Content. You agree that Icing has no obligation to monitor or enforce your intellectual property rights to your User Content, but has the right to protect and enforce its and its licensees' licensed rights to your User Content.
It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Icing does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted.
Representations You Make to Us. You are solely responsible for all of your User Content. By Submitting a User Content, you represent and warrant to Icing that each User Content: (1) is not confidential and that you have all necessary permission to submit such User Content; and (2) does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy, or any other proprietary rights.
No Obligation to Use. You agree and understand that we are not obligated to post, keep or use your User Content.
Security. You acknowledge that the Internet may be subject to breaches of security and you are aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to Icing.
User Interactions and Disputes
You are solely responsible for your interaction with other users of the Site, whether online or offline. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
Acceptable Use Policy
The following rules are here to help you understand the conduct that is expected of you when you participate on any User Forums or other interactive areas of the Site. You agree that your participation in a User Forum or other interactive area of the Site is subject to all the Terms, including the following "Acceptable Use Policy":
- Public forum.We hope that you will use each User Forum to exchange information and content and have discussions with other members. However, please remember that a User Forum is a public forum and User Content that you post on a User Forum will be accessible and viewable by other users. Do not post personal information (e.g., full name, password, phone number, address, e-mail address or other personally identifiable information or contact information).
- Don't share other people's personal information. Your User Content may not reveal another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
- User Content must be yours please. All User Content must be original with you, not copied from someone else's work, and you must have all rights in the User Content; OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Site and elsewhere.
- No pictures or images of anyone but you and your friends and family/music. To the extent uploads are made available on the Site and if you choose to upload photos to the Site, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know but only with their express permission to post it. In addition, your User Content must not contain any music unless the work and performance is original with you and/or you have all rights to the musical work (including any performances). No jingles, sampling or otherwise.
- Don't upload third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.
- Keep it relevant. Your User Content should relate to the content on the Site and should be intended to add to the discussion and community on the Site - it should not include irrelevant topics or postings (this is not the place to discuss politics, religion, or private matters).
- Please follow codes of social decency. Express yourself with non-offensive individual self-expression. Be respectful of others' opinions and comments so we can continue to build a User Forum for everyone to enjoy. If you think your User Content might offend someone, chances are it probably will and it doesn't belong on a User Forum. Cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, gender, sexual preference or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
- Do not use a User Forum for commercial purposes. Your User Content may not advertise or promote a product or service except those provided on the Site. You may not use your User Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme.
- Do not upload User Content that is inappropriate or illegal. Your User Content may not promote any illegal activity. If someone could go to jail or incur criminal or civil liability for taking action suggested by your User Content, don't upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.
- No violence. Your User Content may not promote violence or describe how to perform a violent or otherwise illegal or dangerous act.
- Be honest and do not misrepresent yourself or your User Content. Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company.
- Don't damage the Site or anyone's computers. User Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Site or any computer system.
In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
Icing may grant you -- but only through express written permission --the limited, revocable permission to engage in certain expressly described personal uses of Materials as may from time to time be made available via forms of digital delivery on the Site for such purpose ("Viral Distribution"). Express written permission for Viral Distribution may include these personal uses: (a) sending Materials to friends or acquaintances at no charge; (b) posting and displaying a copy of Materials on a personal web site; or (c) posting and displaying a copy of Materials on a third party web site that permits users to post content, so long as the posting is allowed pursuant to the third party site terms and conditions, and provided that the third party web site does not charge for access to those materials or associate those materials with products, services or advertising. If expressly permitted and made available on the Site, you may engage in Viral Distribution pursuant to these Terms, but you will not make any use of or license, distribute, reproduce, or otherwise exploit any part of the Materials without our express written permission.
Membership & Registration
Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain Materials or User Content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Materials or User Content or participate in certain features of the Site. When you provide information to the Site, you agree to provide only true, accurate, current and complete information and to update it as necessary to maintain its truth and accuracy.
If you register with us, you agree to accept responsibility for all activities that occur under your account or password, if any, and you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the Site using your name in whole or in part. Icing reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice.
Sweepstakes, Contests, and Promotions
Any sweepstakes, contests or other promotions (any, a "Promotion") that may be offered via the Site may be governed by a separate set of rules that may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the Promotion, use of User Content, and disclosures about how your personal information may be used. It is your responsibility to read these rules to determine whether or not you want to and are eligible to participate, register and/or enter, and to determine the applicable terms and conditions of the Promotion. By participating in a Promotion, you will be subject to those official rules, and you agree to comply with and abide by such rules and the decisions of the identified sponsor(s).
Purchases & Gift Cards
The Site may offer you the ability to purchase products, including nonrefundable gift cards in denominations from $10 to $50 in the purchaser's currency (i.e., either U.S. Dollars or Canadian Dollars). Gift cards purchased with U.S. Dollars may redeemable for merchandise online at claires.com or icing.com, or at any Claire's, Claire's Club, Icing by Claire's, Icing, The Icing or Icing Ice stores in the United States and Puerto Rico. Gift cards purchased in Canadian Dollars may only be used in Claire's, Icing or Icing by Claire's stores in Canada. In order to redeem a Virtual Gift Card, the recipient will need to enter the card and pin number found in the email received into the appropriate fields during checkout. Your purchases via the Site are subject to the following terms:
- Only those individuals with a valid credit card may purchase an Icing gift card on the Site.
- Payment is by credit card only. Currently, we accept Visa, MasterCard, Discover, and American Express. Cash, personal checks/cheques, cashiers/certified checks/cheques, money orders, or any other form of payment will not be accepted. Your credit card will be billed within one (1) business day of order placement.
- Submission of your order constitutes an offer by you to purchase, and Icing reserves the right to accept or reject your offer. Acceptance of an offer occurs when the order is shipped. After submitting your order, you may be shown a "thank you" screen. This is the only confirmation you will receive that your order was submitted. You should print this screen and keep it for your records.
- Product prices do not include any sales, use, privilege, excise, or any other tax, duty, tariff, or assessment that may arise, and payment of any such costs are your responsibility.
- Except as otherwise detailed when you are placing your order, you can expect your gift card to be shipped in approximately 30 to 45 days. Except as otherwise detailed when you are placing your order, all orders will be shipped by ground carrier. All goods will be shipped F.O.B. carrier, at your cost and expense, and will be delivered to the shipping address in your order. Risk of loss and title will pass to you upon delivery of the goods to the F.O.B. point. You will bear the risk of delay and increased costs of shipment. Currently, we can only accept orders with a billing and shipping address within the United States and Canada. We cannot ship to other destinations at this time.
Should you have questions regarding your order or charges to your credit card, call Icing Customer Service at 1-855-55ICING, Monday through Friday, from 8am to 5pm, Central Standard Time.
This Site Provides General Information and Does Not Provide Medical Advice
The information contained in this Site, or provided to you via the Site in response to a request made or a question asked by you, is provided for informational purposes only. The information should not be considered complete and should not be used in place of a visit with, call to, consultation or advice from your physician or other health care provider.
If you suspect you have a medical problem, please promptly call or see your physician or other health care provider. You should not conclude by virtue of the recommendations made on this Site, something you have read on this Site or in the information provided in response to your inquiries or questions that you do not need to consult a health care professional.
Icing grants you the revocable permission to link to the Site; provided, however, that your web site, or any third party web sites that link to the Site: (a) must not frame or create a browser or border environment around any of the content on the Site or otherwise mirror any part of the Site; (b) must not imply that Icing or the Site is endorsing or sponsoring it or its products, unless Icing has given it prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Icing's sole opinion, harm Icing or its products or services; (d) must not use any Icing trademarks without the prior written permission from Icing; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Icing's sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Site, you agree that you do and will continue to comply with the above linking requirements.
Notwithstanding anything to the contrary contained in these Terms, Icing reserves the right to prohibit linking to the Site for any reason in our sole and absolute discretion even if the linking complies with the requirements described above.
The Site may offer features and services that are available to you via your mobile phone or other mobile device. These features and services may include, without limitation, the ability to upload content to the Site, receive messages from the Site, download applications to your mobile phone or access Site features (collectively, the "Mobile Features"). By signing up, you are opting in to receive promotional messages from Icing and will receive about 1 to 2 promotional messages per month. You consent is not required as a condition of purchasing any goods or services from Icing. We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Also, standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. As applicable, instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features. The instructions will typically require you to text a keyword (e.g., "STOP," "ARRET", "CANCEL," "END," "UNSUBSCRIBE," "QUIT," etc.) to the applicable shortcode for the Mobile Feature. By using Icing’s Mobile Features, you certify that you are over 18 years of age and (a) you are the mobile account holder or (b) you have the account holder’s permission to enroll the designated phone number and can incur any mobile message or data charges relating to Icing’s Mobile Features.
If you have registered for Mobile Features, you agree to notify Icing of any changes to your mobile number and update your account(s) on the Site to reflect this change.
Term and Termination
Icing reserves the right to terminate your access to and use of the Site and any of its features in its sole discretion, without notice, including, without limitation, if Icing believes your conduct fails to conform to these Terms or any Additional Terms. Icing also reserves the right to investigate suspected violations of these Terms. Any violation of these Terms may be referred to law enforcement authorities.
Upon termination of your access to the Site, or upon demand from Icing, all rights granted to you under these Terms will cease immediately, and you agree that you will: (a) immediately discontinue use of the Site; (b) destroy all materials obtained from the Site and all related documentation; and (c) as applicable, pay any amounts owed to Icing in full within thirty (30) days from the date of such termination and continue to pay any other amounts owed under these Terms.
Icing also reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any materials, information or content available on the Site, without limitation, in whole or in part, including the cessation of all activities associated with the Site, with or without notice. Icing also reserves the right to charge for use of the Site, in whole or in part, and to change its fees from time to time in its discretion.
Location of Site
Unless otherwise specified, the Site and its Materials are made available for use in the United States and Canada (excluding Quebec).
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Icing to any registration requirement within such jurisdiction or country. Icing controls and operates the Site from offices located in the United States and makes no representations that the information, products or services contained on the Site are appropriate for use or access in Quebec or locations outside the United States and Canada. Anyone using or accessing the Site from other locations does so on their own initiative and is responsible for compliance with United States', Canadian and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Site and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
Software related to or made available by this Site may be subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to this Site, 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.
You agree to comply with all rules, laws and regulations that are applicable to your use of the Site, including, without limitation, those governing your transmission or use of any software or data.
Governing Law; Disputes
THESE TERMS AND THE INTERPRETATION OF THESE TERMS WILL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF ILLINOIS, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE SITE, THE USE OR ACCESS THEREOF, OR THESE TERMS MUST BE IN THE STATE OR FEDERAL COURTS LOCATED IN COOK COUNTY, ILLINOIS AND YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS LOCATED IN COOK COUNTY, ILLINOIS FOR ANY SUCH LEGAL PROCEEDING.
The failure of Icing to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Icing's rights with respect to such breach or any subsequent breaches. No waiver by Icing of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized office of Icing. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Icing may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without Icing's prior written consent. If any provision of these Terms is found illegal or unenforceable, the remainder of these Terms shall be unaffected and shall continue to be fully valid, binding, and enforceable. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against Icing by virtue of Icing having drafted them.
Icing reserves the right to modify or add to these Terms at any time without prior notice ("Updated Terms"). You agree that we may notify you of the Updated Terms by making them available via the Site, and that your use of the Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward.
If you have any questions or concerns with this Agreement or the Site you may contact us by e-mail at email@example.com.