TERMS AND CONDITIONS FOR
Smuckers STARS ON ICE WEBSITE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS PERTAINING TO YOUR USE OF THIS SITE.
The terms and conditions on this page are the terms and conditions under which you may use the Smuckers Stars on Ice (the "SOI") website ("SOI Site") and services offered thereon. Please read these terms and conditions carefully; your use of the SOI Site indicates your acceptance of them. If you do not agree to be bound by these terms and conditions, please exit the SOI Site. International Merchandising Corporation ("IMC"), the producer of the Smuckers Stars on Ice Tour, may change these terms and conditions periodically by posting the amended terms on the SOI Site. It is your responsibility to periodically check this page for any such amendments.
1. Children's Online Protection and Privacy Act Notice
IMC collects personal information on the SOI Site. It is IMC's intent to adhere to the Children's Online Protection and Privacy Act ("COPPA"). This notice describes our practice of collecting, using and disclosing personal information, including from children under 13. If you have any questions about these policies, you may contact us by e-mail at starsonice@imgworld.com, by telephone at 216-436-3708, or in writing at IMG, 1360 East 9th Street, Cleveland, OH 44114.
IMC collects personal information directly from SOI Site visitors, including children, limited to name and e-mail address. No child is required to provide any information in order to access most of the SOI Site. No user is required to disclose more information than is reasonably necessary. Any collected information is for internal purposes only, and is not disclosed to third parties. Information may be used for marketing purposes, and/or to provide you with SOI information which we believe may be of interest to you. In order to receive such information, marketing and otherwise, it is necessary for you to establish an account with us. If you are under 13, please have a parent or guardian establish your account. For account registration, we require your name and e-mail address. Under COPPA, no web site operator can require children under 13 to provide more information than is reasonably necessary. IMC will not rent or sell children's personal identifiable information. IMC will not contact children under 13 regarding special offers or for marketing purpose without parental consent.
A parent may review his or her child's personal information, ask to have it deleted, and/or refuse to allow any further collection or use of his or her child's information. To do any of the foregoing, please contact the SOI Site operator through one of the methods listed above.
2. Content
"SOI Content" shall mean any and all proprietary images, technology, applications, artwork, copy, information, data, graphics, logos, text, or other materials on the SOI Site (except for third party content licensed to SOI). IMC owns exclusively all SOI Content on the SOI Site, unless otherwise indicated. This SOI Content is protected under United States and International Copyright Laws. Except for the license granted herein, you have no rights in or to the SOI Content.
For users of and visitors to the SOI Site, IMC grants you a personal, non-transferable, and nonexclusive right to access and use the SOI Content solely for your personal use in accordance with these terms and conditions. No portion of any SOI Content may be modified, copied, sold, leased, distributed, transmitted, made into derivative works, or used for any commercial purpose on behalf of any other person or entity.
3. Use of Site
You agree that you will not use the SOI Site for any fraudulent, illegal, harassing or offensive activity. Further, you agree that you will not post on the SOI Site any content which would infringe or violate the rights of any third party.
4. Reservation of Rights/Software Restrictions
Any and all rights and uses to any SOI Content not expressly granted to you under these terms and conditions are hereby reserved by IMC.
If you download any software from the SOI Site, the software, including any images or files incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") is subject to the above limited right to use. IMC retains all right, title and interest in and to the Software, including all intellectual property rights therein. You may not distribute, sell, or transmit the Software nor are you permitted to alter, modify or adapt the Software, including but not limited to translating, decompiling, reverse engineering, disassembling, or creating derivative works. You acknowledge that the Software and all related technical information is subject to U.S. export controls under U.S. Export Administration Regulations, and by downloading Software, you agree to comply therewith.
5. SOI Trademarks
Nothing herein shall be interpreted to mean, and IMC does not grant to you, any right or license in any SOI trademark, tradename, service mark, insignia, slogan, name, emblem, logo, symbol, design and/or other identifying characteristics owned by or associated with SOI, or its affiliates, in any manner whatsoever.
You acknowledge and agree that IMC owns and shall retain all rights, title and interest in and to the SOI Content, including, without limitation, all copies thereof and all rights to patents, copyrights, trademarks, service marks, tradenames and other intellectual property rights inherent therein and appurtenant thereto.
6. Idea Submissions to IMC
It is IMC's policy not to accept unsolicited ideas, unless the person submitting the idea signs an Idea Submission Agreement. IMC's Idea Submission Agreement is designed to protect IMC and its affiliated companies should IMC, for any reason whatsoever, decide against any submission.
If you choose to submit an idea to IMC, it will be subject to the terms of the Idea Submission Agreement. If you wish to have IMC review your proposal, you must request a copy of IMC's Idea Submission Agreement which you must sign and send along with your proposal, and then IMC will be willing to review your idea. In the event that IMC has an interest in any third party idea, IMC would then discuss with the person submitting the idea the basis upon which the parties would work together and a new agreement would replace IMC's Idea Submission Agreement. However, IMC is under no obligation to do so, and submission of an idea, even with a signed Idea Submission Agreement, does not in any way guarantee that IMC will review any proposal.
7. Termination
You agree that IMC, in its sole discretion, may terminate your use of the SOI Site for any reason whatsoever, including, but not limited to, IMC's belief that you have violated or acted inconsistently with these terms and conditions. IMC may also, in its sole discretion and at any time, discontinue the SOI Site and/or the services offered hereon. Termination of your access to the SOI Site and/or any of the services hereon may be without notice, and you agree that IMC will not be liable to you for any termination of your access to the SOI Site and/or the services hereon.
8. Disclaimer of Liability
The SOI Site may provide links to other sites maintained by parties other than IMC ("Third Party Sites"), who are solely responsible for the content and materials on such Third Party Sites. IMC makes no representations as to the content on the SOI Site, or any Third Party Site. IMC assumes no liability or responsibility for any errors or omissions in the content on the SOI Site or any Third Party Site. IMC does not warrant that the functions contained on the SOI Site will be uninterrupted or error-free or that the servers that make the functions available are free of viruses or other harmful components. If your use of the SOI Site or any Third Party Site or the content therein results in the need for servicing or replacing equipment or data, IMC is not responsible for such costs and/or expenses.
THIS SITE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IMC DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PROPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN ADDITION, IMC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT, OR THAT THE SITE WILL BE FREE OF DEFECTS, INCLUDING WITHOUT LIMITATION, VIRUSES OR OTHER HARMFUL ELEMENTS. THE USER OFs THIS SITE ASSUMES ALL COSTS IN CONNECTION WITH ANY SERVICING, REPAIR OR CORRECTIONS CAUSED BY USE OF THE SITE.
9. Limitation of Liability
You expressly understand and agree that IMC (including but not limited to any subsidiaries or affiliates) will not be liable for any direct, indirect, incidental special, punitive, exemplary, or consequential damages that may result from your use of or your inability to use, the SOI Site. You specifically acknowledge and agree that IMC is not liable for any defamatory, offensive or illegal conduct of any third party or any Third Party Site.
10. Indemnification
You agree to indemnify, defend and hold harmless IMC (including but not limited to any subsidiaries or affiliates) from and against any claims or demands, damages, liabilities, costs, charges and expenses, including reasonable attorney's fees, that IMC may incur as result of your use of the SOI Site, your violation of these terms and conditions, your violation of the rights of any third party or entity, or in any way relating to your conduct and/or use of the SOI Site.
11. Linking to the SOI Site
No link to the SOI Site may be framed to indicate, either expressly or by implication, any sponsorship, advertising, endorsement or affiliation with any third party's products or services. Any links to the SOI Site must be to the homepage. Deep linking within the SOI Site is expressly prohibited.
12. Governing Law/Dispute Resolution
These terms and conditions are governed by the laws of the State of Ohio. You agree that any disputes relating to these terms and conditions or the use or content of the SOI Site will be resolved by arbitration brought in Cleveland, Ohio, and conducted pursuant to the Dispute Resolution Rules of the American Arbitration Association. The decision rendered by the arbitrator shall be final, binding and conclusive, and judgment may be entered upon such decision by any court.
13. Severability
If any portion of these terms and conditions is held to be invalid, the invalidity of such provision will not affect the validity of the remaining provisions of the terms and conditions, which will remain in full force and effect.
14. Entire Agreement
These terms and conditions constitute the entire agreement between IMC and the users and viewers of the SOI Site. The terms and conditions do not constitute a partnership, joint venture, or other relationship other than as expressly stated herein. No prior agreements, discussions or understandings, whether or oral or written, including, without limitation, past versions of these terms and conditions, will be binding on IMC.
15. Agreement Modification
IMC reserves the right, at its sole discretion, to modify, add or remove any portion or portions of these terms and conditions, in whole or in part, at any time. You acknowledge and agree that it is entirely your responsibility to review these terms and conditions from time to time to become aware of such changes.
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