Last Updated: August 16, 2020
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the IceTime Platform, you agree to comply with and be bound by these Terms of Service.
Please note: Section 19 of these Terms of Service contains an arbitration clause and class action waiver that applies to all IceTime Members. If you reside in the United States, this provision applies to all disputes with IceTime. If you reside outside of the United States, this provision applies to any action you bring against IceTime in the United States. It affects how disputes with IceTime are resolved. By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Thanks for using IceTime!
These Terms of Service (“Terms”) constitute a legally binding agreement (“Agreement”) between you and IceTime (as defined below) governing your access to and use of the IceTime website, including any subdomains thereof, and any other websites through which IceTime makes the IceTime Services available (collectively, “Site”), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application”) and all associated services (collectively, “IceTime Services”). The Site, Application and IceTime Services together are hereinafter collectively referred to as the “IceTime Platform”. Our other Policies applicable to your use of the IceTime Platform are incorporated by reference into this Agreement.
When these Terms mention “IceTime,” “we,” “us,” or “our,” it refers to the IceTime company you are contracting with.
Rinks alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Rink Services. For example, some cities have laws that restrict their ability to provide certain Rink Services. In many cities, Rinks may have to register, get a permit or obtain a license before operating their Rink. Rinks are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Rink Services they offer. Certain types of Rink Services may be prohibited altogether. Penalties may include fines or other enforcement. We provide some information in our Help Center to help you identify some of the obligations that apply to you. If you have questions about how local laws apply to your Listing(s) and Rink Service(s) on IceTime, you should always seek legal guidance.
Table of Contents
- Scope of IceTime Services
- Eligibility, Using the IceTime Platform, Member Verification
- Modification of these Terms
- Account Registration
- Service Fees
- Terms specific for Rinks
- Terms specific for Buyers
- Booking Modifications, Cancellations and Refunds, Resolution Center
- Ratings and Reviews
- Damage to Rinks, Disputes between Members
- Prohibited Activities
- Term and Termination, Suspension and other Measures
- Dispute Resolution
- Applicable Law and Jurisdiction
- General Provisions
1. Scope of IceTime Services and Interaction with other Members
1.1 You have sole responsibility when interacting with other members. Our Services provide a platform for members to discover Rinks, arrange for Rink bookings, engage in Rink activities and communicate with one another. IceTime is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other member, person or organization. You are solely responsible for your interactions with other members of our Services. We reserve the right, but have no obligation, to monitor interactions between you and other members of our Services.
Remember, IceTime is just a platform that enables you to communicate and interact with others in the ice skating community. We cannot be responsible for the interactions that you have with other IceTime members, so please use good judgment and keep safety in mind when you use our Services.
1.2 The IceTime Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Rinks” and the services they offer are “Rink Services”) to publish such Rink Services on the IceTime Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Rink Services (Members using Rink Services are “Buyers”). Rink Services may include the offering of other services such as camps, clinics, and private sessions (“Rink Services”), and a variety of other skating related services.
1.3 As the provider of the IceTime Platform, IceTime does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Rink Services. Rinks alone are responsible for their Listings and Rink Services. When Members make or accept a booking, they are entering into an agreement directly with each other. Through its platform, IceTime facilitates the contractual relationship between Members.
1.4 While we may (at our own discretion) help facilitate the resolution of disputes, IceTime has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Rink Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. IceTime does not endorse any Member, Listing or Rink Services. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification process and nothing else. Any such description is not an endorsement, certification or guarantee by IceTime about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to book a Rink or use other Rink Services, accept a booking request from a Buyer, or communicate and interact with other Members, whether online or in person. Verified Reviews are intended only to indicate Member feedback from past bookings, and are therefore not an endorsement by IceTime of any Rink or Listing.
1.5 To promote the IceTime Platform and to increase the exposure of Listings to potential Buyers, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements.
1.6 The IceTime Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. IceTime is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by IceTime of such Third-Party Services.
1.7 Due to the nature of the Internet, IceTime cannot guarantee the continuous and uninterrupted availability and accessibility of the IceTime Platform. IceTime may restrict the availability of the IceTime Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the IceTime Platform. IceTime may improve, enhance and modify the IceTime Platform and introduce new IceTime Services from time to time.
2. Eligibility, Using the IceTime Platform, Member Verification
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the IceTime Platform or register an IceTime Account. By accessing or using the IceTime Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Rink Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
2.3 IceTime may make the access to and use of the IceTime Platform, or certain areas or features of the IceTime Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or booking and cancellation history.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members.
2.5 The access to or use of certain areas and features of the IceTime Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the IceTime Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
3. Modification of these Terms
IceTime reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the IceTime Platform and update the “Last Updated” date at the top of these Terms. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the IceTime Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account (“IceTime Account”) to access and use certain features of the IceTime Platform, such as publishing or booking a Listing. If you are registering an IceTime Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register an IceTime Account using an email address and creating a password.
4.3 You must provide accurate, current and complete information during the registration process and keep your IceTime Account and public IceTime Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) IceTime Account unless IceTime authorizes you to do so. You may not assign or otherwise transfer your IceTime Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your IceTime Account credentials and may not disclose your credentials to any third party. You must immediately notify IceTime if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your IceTime Account. You are liable for any and all activities conducted through your IceTime Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
5.1 IceTime may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the IceTime Platform (“Member Content”); and (ii) access and view Member Content and any content that IceTime itself makes available on or through the IceTime Platform, including proprietary IceTime content and any content licensed or authorized for use by or through IceTime from a third party (“IceTime Content” and together with Member Content, “Collective Content”).
5.2 The IceTime Platform, IceTime Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the IceTime Platform and IceTime Content, including all associated intellectual property rights, are the exclusive property of IceTime and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the IceTime Platform, IceTime Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of IceTime used on or in connection with the IceTime Platform and IceTime Content are trademarks or registered trademarks of IceTime in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the IceTime Platform, IceTime Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the IceTime Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by IceTime or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, IceTime grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the IceTime Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the IceTime Platform, you grant to IceTime a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the IceTime Platform, in any media or platform. Unless you provide specific consent, IceTime does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5.6 You are solely responsible for all Member Content that you make available on or through the IceTime Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the IceTime Platform or you have all rights, licenses, consents and releases that are necessary to grant to IceTime the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or IceTime’s use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.7 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates IceTime’s Content Policy or any other IceTime policy. IceTime may, without prior notice, remove or disable access to any Member Content that IceTime finds to be in violation of these Terms or IceTime’s then-current Policies or Standards, or otherwise may be harmful or objectionable to IceTime, its Members, third parties, or property.
5.8 IceTime respects copyright law and expects its Members to do the same. If you believe that any content on the IceTime Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
6. Service Fees
6.1 IceTime may charge fees to Rinks (“Rink Fees“) and/or Buyer (“Buyer Fees“) (collectively, “Service Fees“) in consideration for the use of the IceTime Platform.
6.2 Any applicable Service Fees will be displayed to a Rink or Buyer prior to publishing or booking a Listing. IceTime reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
6.3 You are responsible for paying any Service Fees that you owe to IceTime. The applicable Service Fees (including any applicable Taxes) are collected by Stripe. Stripe will deduct any Buyer Fees from the Listing Fee before remitting the payout to the Rink. Any Buyer Fees are included in the Total Fees collected by Stripe. Except as otherwise provided on the IceTime Platform, Service Fees are non-refundable.
7. Terms Specific for Rinks
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the IceTime Platform you must (i) provide complete and accurate information about your Rink Service (such as listing description, location (ii) disclose any deficiencies, restrictions (such as Rink rules) and requirements that apply (such as any minimum age, proficiency required to operate Rink equipment) and (iii) provide any other pertinent information requested by IceTime. You are responsible for keeping your Listing information up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes if applicable) for your Listing (“Listing Fee”).
7.1.3 Any terms and conditions included in your Listing must not conflict with these Terms or the cancellation policy you have identified for your Listing.
7.1.4 Pictures, animations or videos (collectively, “Images”) used in your Listings must accurately reflect the quality and condition of your Rink Services. IceTime reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.1.5 The placement and ranking of Listings in search results on the IceTime Platform may vary and depend on a variety of factors, such as Buyer search parameters and preferences, Rink requirements, price, number and quality of Images, Reviews and Ratings, type of Rink Service, and/or ease of booking.
7.1.6 When you accept or have pre-approved a booking request by a Buyer, you are entering into a non-binding agreement with the Buyer. IceTime is not a party to this agreement, we are solely a platform that helps Buyers discover Rink Services and that helps Buyers communicate with Rinks.
7.1.7 IceTime recommends that Rinks obtain appropriate insurance for their Rink Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Buyers (and the individuals the Buyer has booked for, if applicable) while using your Rink, Audio Services, or other Rink Service.
7.2.1 If you choose to require a security deposit for your Rink, you may specify this in your Listing description. Remember, IceTime is not a party to any accommodation agreement that you may enter with an Buyer, we are solely a platform that helps Buyers discover Rink Services and that helps Buyers communicate with Rinks. Therefore IceTime is not responsible for administering or accepting any claims by Rinks or Buyers related to Security Deposits.
7.2.3 You represent and warrant that any Listing you post and the booking of, or an Buyers’s use of a Rink will (i) not breach any agreements you have entered into with any third parties, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Rink, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Rink at your request or invitation, excluding the Buyer (and the individuals the Buyer invites to the Rink, if applicable).
8. Terms specific for Buyers
8.1 Terms applicable to all bookings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by IceTime and/or the Rink, you can book a Listing available on the IceTime Platform by following the respective booking process. All applicable fees, including the Rink Fee, Buyer Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your IceTime Account.
8.1.2 Upon receipt of a booking confirmation from IceTime, a legally binding agreement is formed between you and your Rink, subject to any additional terms and conditions of the Rink that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Stripe will collect the Total Fees at the time of the booking request or upon the Rink’s confirmation. For certain bookings, Buyers may be required to pay or have the option to pay in multiple installments.
8.1.3 If you book a Rink Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Rink, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Rink. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an booking service if accompanied by an adult who is responsible for them.
8.2 Rink Bookings
8.2.1 You understand that a confirmed booking of a Rink (“Rink Booking”) is a limited license granted to you by the Rink to enter, occupy and use the Rink for the duration of your stay.
8.2.2 You agree to leave the Rink no later than the checkout time that the Rink specifies in the Listing or such other time as mutually agreed upon between you and the Rink. If you stay past the agreed upon checkout time without the Rink’s consent (“Overstay”), you no longer have a license to stay in the Rink and the Rink is entitled to make you leave in a manner consistent with applicable law.
9. Booking Modifications, Cancellations and Refunds, Resolution
9.1 Rinks and Buyers are responsible for any modifications to a booking that they make via the IceTime Platform or direct IceTime customer service to make (“Booking Modifications“), and agree to pay any additional Listing Fees, Rink Fees or Buyer Fees and/or Taxes associated with such Booking Modifications.
9.2 Buyers can cancel a confirmed booking at any time by emailing contact@IceTime.us subject to the Listing’s cancellation policy. As IceTime is not a party to any booking agreement between members, we cannot assess the effect of such a cancellation on the contractual relation that may exist between members. We are solely a platform that helps Buyers discover Rink Services and that helps Buyers communicate with Rinks. As IceTime does not collect or process any fees relating to contracts between members, IceTime will not be responsible to provide any refund to either Buyer or Rink.
9.3 In certain circumstances, IceTime may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds and payouts. This may be for reasons where IceTime believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to IceTime, other Members, third parties or property.
10. Ratings and Reviews
10.1 Within a certain timeframe after completing a booking, Buyers and Rinks can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Any Ratings or Reviews reflect the opinion of individual Members and do not reflect the opinion of IceTime.
10.2 Ratings and Reviews by Buyers and Rinks must be fair, truthful and factual and may not contain any offensive or defamatory language. Ratings and Reviews must comply with IceTime’s Content Policy and Extortion Policy.
11. Damage to Rinks, Disputes between Members
11.1 Because IceTime is merely a platform, in the event that you have a dispute with one or more members, to the fullest extent permitted by applicable law you release us (and our officers, directors, members, employees, agents and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
12.1 As a Rink you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, business tax, services taxes or income taxes (“Taxes”).
13. Prohibited Activities
13.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the IceTime Platform. In connection with your use of the IceTime Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
- use the IceTime Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies IceTime endorsement, partnership or otherwise misleads others as to your affiliation with IceTime;
- use the IceTime Platform in connection with the distribution of unsolicited commercial messages (“spam”); offer, as a Rink, any Rink or Rink Services that you do not yourself own or have permission to make available as through the IceTime Platform;
- unless IceTime explicitly permits otherwise, book any Listing if you will not actually be using the Rink Services yourself;
- contact another Member for any purpose other than asking a question related to a your own booking, Listing, or the Member’s use of the IceTime Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
- use, display, mirror or frame the IceTime Platform or Collective Content, or any individual element within the IceTime Platform, IceTime’s name, any IceTime trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the IceTime Platform, without IceTime’s express written consent;
- dilute, tarnish or otherwise harm the IceTime brand in any way, including through unauthorized use of Collective Content, registering and/or using IceTime or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to IceTime domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the IceTime Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by IceTime or any of IceTime’s providers or any other third party to protect the IceTime Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the IceTime Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the IceTime Platform;
- export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; orviolate or infringe anyone else’s rights or otherwise cause harm to anyone.
13.2 You acknowledge that IceTime has no obligation to monitor the access to or use of the IceTime Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the IceTime Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist IceTime in good faith, and to provide IceTime with such information and take such actions as may be reasonably requested by IceTime with respect to any investigation undertaken by IceTime or a representative of IceTime regarding the use or abuse of the IceTime Platform.
13.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to IceTime by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
14. Term and Termination, Suspension and other Measures
14.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or IceTime terminate the Agreement in accordance with this provision.
14.2 You may terminate this Agreement at any time by sending us an email to contact@IceTime.us. If you cancel your IceTime Account as a Rink it is your own responsibility to inform the Buyers. If you cancel your IceTime Account as a Buyer, it is your own responsibility to cancel any confirmed booking(s).
14.3 Without limiting our rights specified below, IceTime may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
14.4 IceTime may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) IceTime believes in good faith that such action is reasonably necessary to protect the personal safety or property of IceTime, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
14.5 In addition, IceTime may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the IceTime Account registration, Listing process or thereafter, (iv) you and/or your Listings or Rink Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or IceTime otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) IceTime believes in good faith that such action is reasonably necessary to protect the personal safety or property of IceTime, its Members, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
- cancel any pending or confirmed bookings on the platform (note, since IceTime is not a party to any booking contract between members, a cancelation on the platform will not affect the status of any contract between members);
- limit your access to or use of the IceTime Platform;
- temporarily or permanently revoke any special status associated with your IceTime Account;
- temporarily or in case of severe or repeated offenses permanently suspend your IceTime Account. In case of non-material breaches and where appropriate, you will be given notice of any intended measure by IceTime and an opportunity to resolve the issue to IceTime’s reasonable satisfaction.
14.6 When this Agreement has been terminated, you are not entitled to a restoration of your IceTime Account or any of your Member Content. If your access to or use of the IceTime Platform has been limited or your IceTime Account has been suspended or this Agreement has been terminated by us, you may not register a new IceTime Account or access and use the IceTime Platform through an IceTime Account of another Member.
If you choose to use the IceTime Platform or Collective Content, you do so voluntarily and at your sole risk. The IceTime Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the IceTime Services, laws, rules, or regulations that may be applicable to your Listings and/or Rink Services you are receiving and that you are not relying upon any statement of law or fact made by IceTime relating to a Listing.
You agree that some Rink Services may carry inherent risk, and by participating in those Rink Services, you choose to assume those risks voluntarily. For example, some Rink Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Rink Services. You assume full responsibility for the choices you make before, during and after your participation in a Rink Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Rink Service and to the maximum extent permitted by law, you agree to release and hold harmless IceTime from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Rink Service or in any way related to your Rink Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
16.1 Unless you reside in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the IceTime Platform and Collective Content, your publishing or booking of any Listing via the IceTime Platform, your stay at any Rink, participation in any Rink Service or use of any other Rink Service or any other interaction you have with other Members whether in person or online remains with you. Neither IceTime nor any other party involved in creating, producing, or delivering the IceTime Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the IceTime Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the IceTime Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Rink Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not IceTime has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will IceTime’s aggregate liability arising out of or in connection with these Terms and your use of the IceTime Platform including, but not limited to, from your publishing or booking of any Listings via the IceTime Platform, or from the use of or inability to use the IceTime Platform or Collective Content and in connection with any Rink or other Rink Service, or interactions with any other Members, exceed one hundred U.S. dollars (US$100). The limitations of damages set forth above are fundamental elements of the basis of the bargain between IceTime and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect IceTime’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
16.2 If you reside in the EU, IceTime is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. IceTime is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of IceTime in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of IceTime is excluded.
You agree to release, defend (at IceTime’s option), indemnify, and hold IceTime and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the IceTime Platform or any IceTime Services, (iii) your interaction with any Member, stay at a Rink, participation in Rink Services, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iv) your breach of any laws, regulations or third party rights.
18. Dispute Resolution and Arbitration Agreement
18.1 This Dispute Resolution and Arbitration Agreement shall apply if you (i) reside in the United States; or (ii) do not reside in the United States, but bring any claim against IceTime in the United States (to the extent not in conflict with Section 20).
18.2 Overview of Dispute Resolution Process. IceTime is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 18.1 applies: (1) an informal negotiation directly with IceTime’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 19). Specifically, the process provides:
Claims can be filed with AAA online (www.adr.org); Arbitrators must be neutral and no party may unilaterally select an arbitrator; Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party; Parties retain the right to seek relief in small claims court for certain claims, at their option; The initial filing fee for the consumer is capped at $200; The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents; The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
18.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and IceTime each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact IceTime’s customer service team by emailing us at contact@IceTime.us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
18.4 Agreement to Arbitrate. You and IceTime mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the IceTime Platform, the Rink Services, or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and IceTime agree that the arbitrator will decide that issue.
18.5 Exceptions to Arbitration Agreement. You and IceTime each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
18.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
18.7 Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, IceTime agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in Los Angeles County; (c) in any other location to which you and CryptoCribs both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
18.8 Modification of AAA Rules – Attorney’s Fees and Costs. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, IceTime agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
18.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
18.10 Jury Trial Waiver. You and IceTime acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
18.11 No Class Actions or Representative Proceedings. You and IceTime acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and IceTime both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
18.12 Severability. Except as provided in Section 19.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
18.13 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if IceTime changes this Section 19 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of IceTime notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and IceTime in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
18.14 Survival. Except as provided in Section 19.12 and subject to Section 15.8, this Section 19 will survive any termination of these Terms and will continue to apply even if you stop using the IceTime Platform or terminate your IceTime Account.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the IceTime Platform (“Feedback“). You may submit Feedback by emailing us at contact@IceTime.us. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
20. Applicable Law and Jurisdiction
20.1 If you reside in the United States, these Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 19 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Los Angeles, California.
20.2 If you reside in China these Terms will be interpreted in accordance with the laws of China (“China Laws”). Any dispute arising from or in connection with this Agreement shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in Beijing which shall be conducted in accordance with CIETAC’s arbitration rules in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which IceTime may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under China Laws or any other laws that may apply to you. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties.
20.3 If you reside outside of the United States and China, these Terms will be interpreted in accordance with Irish law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your country of residence. If you are acting as a consumer, you agree to submit to the non-exclusive jurisdiction of the Irish courts. Judicial proceedings that you are able to bring against us arising from or in connection with these Terms may only be brought in a court located in Ireland or a court with jurisdiction in your place of residence. If IceTime wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Irish courts.
21. General Provisions
21.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between IceTime and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between IceTime and you in relation to the access to and use of the IceTime Platform.
21.2 No joint venture, partnership, employment, or agency relationship exists between you and IceTime as a result of this Agreement or your use of the IceTime Platform.
21.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
21.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
21.5 IceTime’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. 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 permitted under law.
21.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without IceTime’s prior written consent. IceTime may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
21.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by IceTime via email, IceTime Platform notification, or messaging service (including SMS and WeChat). For notices made to Members residing outside of Germany, the date of receipt will be deemed the date on which IceTime transmits the notice.
21.8 If you reside in the EU you can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that IceTime Ireland is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.
21.9 If you have any questions about these Terms please email us at contact@IceTime.us.