READ THEM CAREFULLY.
- Scope; Changes
Company Limited ("we", "our" and "us") and you, superseding prior agreements
YOU WILL HAVE ACCEPTED THE CHANGES.
All materials on this Site, including but not limited to audio, images,
software, text and video clips (collectively referred to as the
"Content") are protected by copyright laws and international conventions. You
cannot use the Content, except as specified herein. You agree to follow
all instructions on this Site limiting the way you may use the Content.
There are a number of proprietary logos, service marks and trademarks
found on this Site belonging to IceDEA or other corporations. By making
them available on this Site, IceDEA is not granting you any license to
utilize those proprietary logos, service marks, or trademarks. Any
unauthorized use of the Content may violate copyright laws, trademark laws,
the laws of privacy and publicity, and civil and criminal statutes.
- Limited License
This Site is provided by IceDEA and may be used for informational
purpose only. By using this Site or downloading materials from this Site,
you agree to abide by the terms and conditions set forth in this
Agreement. If you do not agree to abide by these terms and conditions, do not
use this Site or download materials from this Site.
Subject to your continued compliance with the terms and conditions set
forth in this Agreement, IceDEA grants you, a non-exclusive,
non-transferable, limited right to access, use, display and listen to this Site
and the information, images, sounds and text thereon. You agree not to
interrupt or attempt to interrupt the operation of the Site in any way.
You may download one copy only of the Content to be used only by you
for your non-commercial personal use unless the site you are accessing
states that you may not. If you download any Content, you may not remove
any copyright or trademark notices or other notices that go with it.
You agree not to distribute or reproduce any of the Content downloaded by
- Rights to User's Material
If you send any communications or materials to the Site by electronic
mail or otherwise, including any comments, data, questions, suggestions
or the like, all such communications are, and will be treated as,
non-confidential and non-proprietary. Thus, you give up any claim that any
use of such material violates any of your rights including moral rights,
privacy rights, proprietary or other property rights, publicity rights,
rights to credit for material or ideas, or any other right, including
the right to approve the way IceDEA uses such material.
Any material submitted to this Site may be adapted, broadcast, changed,
copied, disclosed, licensed, performed, posted, published, sold,
transmitted or used by IceDEA anywhere in the world, in any medium, forever.
Furthermore, IceDEA is free to use, without any compensation to you,
any concepts, ideas, know-how or techniques contained in any
communication you send to the Site for any purpose whatsoever, including but not
limited to developing, manufacturing and marketing products using such
information. However, you agree and understand that IceDEA is not
obligated to use any such ideas or materials and you have no rights to compel
- Availability of Products/Services
The products and services displayed on the Site may not be available
for purchase in your particular country or locality. The reference to
such products and services on the Site does not imply or warrant that
these products or services will be available at any time in your particular
location. You should check with your local IceDEA authorized
representative for the availability of specific products and services in your
- NO WARRANTY
YOUR ACCESS TO AND USE OF THE SITE ARE AT YOUR OWN RISK. THE SITE IS
PROVIDED "AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
WE DISCLAIM ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR
IMPLIED, REGARDING THE SITE INCLUDING WITHOUT LIMITATION ITS FITNESS FOR A
PARTICULAR PURPOSE, ITS QUALITY, ITS MERCHANTABILITY, ITS PERFORMANCE,
ITS NONINFRINGEMENT OF THIRD PARTY RIGHTS, ITS ACCURACY, COMPLETENESS OR
OTHER CHARACTERISTICS, OR THE RESULTS OBTAINED BY USING THE SITE. WE DO
NOT WARRANT THAT THE SITE IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER
PROGRAM LIMITATIONS, NOR DO WE WARRANT ACCESS TO THE INTERNET OR ANY
OTHER SERVICE THROUGH THE SITE.
- LIMITATION OF LIABILITY
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY THIRD PARTY CLAIM OR FOR
ANY CONSEQUENTIAL, DIRECT, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING
WITHOUT LIMITATION, ANY LOST PROFITS OR LOST SAVINGS, REGARDLESS OF THE
FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
PRODUCT LIABILITY OR OTHERWISE, EVEN IF IT WAS FORSEEABLE OR THE
POSSIBILITY OF SUCH DAMAGES WAS BROUGHT TO OUR ATTENTION. YOU AGREE THAT YOUR
SOLE REMEDY AGAINST US FOR LOSS OR DAMAGE CAUSED BY THE SITE, REGARDLESS
OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, IS LIMITED TO $500. SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL,
CONSEQUENTIAL OR SPECIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU. IN THAT EVENT, RECOVERABLE DAMAGES WILL BE LIMITED IN
SCOPE AND AMOUNT TO THE LEAST ALLOWABLE UNDER APPLICABLE LAW.
You agree to indemnify, defend and hold IceDEA and all of its agents,
directors, employees, information providers, licensors and licensees,
officers and parent, (collectively, "Indemnified Parties") harmless from
and against any and all liability and costs (including, without
limitation, attorneys' fees and costs), incurred by the Indemnified Parties in
connection with any claim arising out of any breach by you of these
Terms and Conditions of Use or the foregoing representations, warranties
and covenants. You will cooperate as fully as reasonably required in
IceDEA's defense of any claim. IceDEA reserves the right, at its own
expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you and you shall not in any event settle
any matter without the written consent of IceDEA.
- Governing Law; Jurisdiction; Litigation Costs
of the Kingdom of Thailand, excluding the application of its choice of
law principles. You agree that any action at law or in equity arising
courts located in Thailand and you hereby consent and submit to the
personal jurisdiction of such courts for the purposes of litigating any such
action. If we bring any action against you or you bring any action
prevailing party shall be entitled to recover, in addition to other relief
granted, reasonable attorneys fees and expenses of litigation.
the remedy of specific performance of any term contained in these Terms
of Use, or a preliminary or permanent injunction against the breach of
any such term or in aid of the exercise of any power granted in these
- Severability; No Waiver
person, place, or circumstance, is held by a court of competent
jurisdiction to be invalid, unenforceable or void, the remainder of these Terms
of Use and such provisions as applied to other persons, places and
circumstances shall remain in full force and effect. Neither our failure nor
our delay in exercising, enforcing or taking action against you with
respect to any of our rights or powers shall operate as a waiver of such
powers or rights. No single or partial exercise by us of any of our
powers or rights will preclude us from exercising such powers and rights
in the future or from exercising other powers and rights.
- Contact Information