Last Updated: June 2022
IMPORTANT – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE ON THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. PLEASE DO NOT ACCESS THE SITE OR USE THE SERVICE IMMEDIATELY IF YOU DO NOT AGREE TO THESE TERMS.
In exchange for your use of the service, you agree to the following:
The website is changing continuously, and by using it, you agree that it may alter at any moment, at our sole discretion. We may discontinue delivering the service or any features within the website to you or to users in general, permanently or temporarily. We also maintain the right to set limitations on use and storage at any moment in our sole discretion. Without assuming any responsibility to you, we may also remove or refuse to distribute any content on the website, suspend or terminate users, and recover usernames.
PLEASE NOTE that you affirm that you are at least eighteen (18) years old, an emancipated minor, or have valid parental or guardian consent to engage in, abide by, and comply with these terms before accessing or using the service.
You will follow all relevant laws when using iChill. We hereby retain the right to access, read, keep, and disclose any information that is reasonably thought to be required, as well as to take any action that is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these terms, including investigating potential violations, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of the service, its users and the public.
If you break any of your material responsibilities under these terms, your rights will instantly expire. If these terms are terminated, you must immediately delete all copies of the site and discontinue all use of the site.
2. Site Content
The site's material is for your personal and non-commercial use only. All content given to users on or via the service is protected by copyright or other intellectual property rights held by us, including but not limited to any text, graphics, pictures, software, and interactive features. Elements of the Site Content are recognized as being free of known copyright limitations, including neighboring rights, under copyright law. If the work is not being used for commercial reasons, you may copy, edit, perform, or distribute it without seeking permission.
Site Content does not include (a) any source or object code relevant to any site functionality, (b) any of the applications or tools made accessible to users by the site, (c) the iChill.tv logo, insignia, and other trademarks, or (d) the style and feel of the iChill.tv website and associated trade dress. We and our licensors own all rights, titles, and interests in and to the service (with the exception of User Content contributed by users). Any feedback, comments, or ideas you offer about us or the service are completely optional, and we shall be free to use them as we see appropriate without any responsibility to you.
For personal use only, you may download or copy the Site Content and any downloadable objects provided on the Services. Without prior explicit permission from the legal right holders, copying or storing any Site Content for purposes other than personal use is absolutely forbidden.
3. Your Account
To get the most out of the site, you'll need to sign up for an iChill account. Without authorization, you may never use another's account. You must give correct and complete information while creating your account. You are completely responsible for any activity on your account, including preserving your password and/or credentials for accessing the site, as well as any activities that occur as a result of your use of such passwords and credentials. Your account's security is your responsibility.
You shall immediately contact us at [email protected] if you believe or know of any unauthorized use of your login credentials or any other breach of security with regard to your Account.
We shall not be liable for any loss or damage caused by unauthorized use of your password and/or credentials before you notify us of such unauthorized use or loss. Although we will not be liable for any damages you incur as a result of any unauthorized use of your account, you may be liable for our or others' losses as a result of such unauthorized use. All iChill users are referred to as "Users" in this document.
The wallet supplied on the site serves as a storage and withdrawal mechanism for your cryptocurrency (e.g. ICT, BUSD and BNB). The wallet does not participate in any cryptocurrency or token transactions, including but not limited to the purchase, sale, transfer, or exchange of alternative tokens, nor does it allow you to buy or sell cryptocurrencies for fiat cash. You must follow all relevant laws and guidelines while purchasing, selling, transferring, or exchanging cryptocurrency.
5. User Content
"User Content" means any content that Users upload, post, or transmit (collectively, "Post") to or through the site, including, without limitation, any broadcast content, comments or other text, photographs, sound recordings, and any other works subject to protection under the laws of Singapore or any other jurisdiction, including, but not limited to, patent, trademark, and copyright laws, and excludes any and all "Site Content," as defined in these Terms.
We allow Users to upload or send User Content to or through the site. You understand, agree, and acknowledge that any User Content submitted or publicly posted by any User is not pre-screened by us. Despite the above, we reserve the right, but not the duty, to remove, prohibit, or temporarily block any User Content that (i) we consider to be in violation of these Terms or any relevant legislation, or to be improper or objectionable in any way or (ii) in response to any complaint(s) from other Users, with or without notice and without any liability to you. We make no guarantees about the accuracy, integrity, veracity, appropriateness, or quality of any User Content, and any use or reliance on User Content by you is at your own risk, and we will not be held accountable for any such User Content under any circumstances.
You are the only owner (or licensee) of the User Contents that you post and display on and via the site. Despite the foregoing, you hereby grant us a royalty-free, worldwide, irrevocable, assignable, sublicensable, revocable license to reproduce, distribute, publicly display, transmit, communicate to the public, make available, create derivative works from, and otherwise exploit and use (collectively, "Use") all User Content you post to or through the site by any means and in any media and formats now known or hereafter developed, for the purposes of (i) advertising, marketing, and promoting us and the site; (ii) displaying and sharing your User Content to other Users of the site or to other apps or websites associated with us; and (iii) providing the service as authorized by these Terms.
Your license grant with regard to your User Content is everlasting and irreversible if you cancel your account or delete any of your User Content from the site after it has been posted. You also grant us a royalty-free right to use your user name, image, voice, and likeness to identify you as the creator of any User Content you submit.
You shall not post any confidential or proprietary User Content on or through the Site, or submit any confidential or proprietary User Content to us. Any User Content you publish to or through the site or provide to us will be regarded non-confidential and non-proprietary by us, and we will handle it as such. We may use it in line with these terms without notice to you or responsibility to us. To prevent any misunderstanding, the rights granted in the previous sentences of this section include, but are not limited to, the royalty-free reproduction of your User Content. This means you're giving us permission to use your User Content without having to pay any royalties to you or any third parties involved in its development.
By posting User Content to the site, you hereby represent and warrant that: (i) you own (or licensed to use) the User Content posted by you on or through the site or otherwise have the right to grant the license set forth in these terms; (ii) the posting and use of your User Content on or through the site does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; (iii) the posting of your User Content on the site will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (iv) the posting of your User Content on the site does not result in a breach of contract between you and a third party or will not be in violation of any applicable law or regulation.
You are forbidden from submitting, and you agree not to upload, any User Content to the Service that we judge to be "Prohibited Content" in our sole discretion, which includes, but is not limited to:
- Sexually Explicit Material
We have a strict no-tolerance policy when it comes to images of child sexual abuse. We shall immediately report any User Content containing child sexual abuse images to the proper authorities and terminate the contributing User Accounts if we become aware of it.
- Violence and Bullying
User Content must not contain items that threaten, harass, or bully other Users or third parties, such as gratuitous or otherwise violent portrayals of people, places, or property, or incite violence, including suicide.
- Hate Speech
User Content may not encourage bigotry, prejudice, hatred, intolerance, or racism, or discriminate against individuals or groups of individuals based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, sexual orientation, or gender identity.
- Sensitive Events
User Content that exploits or lacks appropriate sensitivity in the face of a natural catastrophe, atrocity, conflict, death, or other terrible occurrence is not allowed.
- Unlawful Activity
Use of the site for any illegal or criminal purpose, including stalking and sexual exploitation of any User.
- IP Infringement
Any User Content that infringes on the rights of a third party, including copyright, trademark, privacy, and publicity rights, will be removed.
7. Services and Links Access and Availability
Links to other connected sites, resources, and advertising can be found throughout the services. Because we are not responsible for the availability or content of these linked resources, you should express any complaints about an external link to the site in question.
8. Term and Termination
As between you and us, the term of these terms, as modified, begins on the date of your initial use of the site and continues until either you or the Company terminates these terms.
You may terminate these terms by leaving the site, deregistering your account, or terminating all other site uses. If you wish to delete any of your User Content from the site, then you may be able to do so using the permitted functionalities of the site, but the removal or deletion of such User Content will not terminate these terms.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate these terms and your access to all or any part of the site at any time without prior notice. If you breach any provision of these terms, the applicable law, subject to an ongoing investigation or violate the rights of any third-party copyright owner, we may further terminate these terms for any other reason upon ten (10) days’ notice to you using the email address associated with your account credentials. We will make reasonable efforts to notify you of such termination via the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. However, we reserve the right to change, suspend, or discontinue all or any part of the site at any time without prior notice or liability.
If we terminate your account for cause, as determined in our sole discretion, you agree and acknowledge that all of your User Content and digital assets (if relevant under law) on the site will be removed or frozen or confiscated with or without notice to you. In other words, play by the rules and adhere to these terms of site and any outstanding site policies; failure to do so will result in the loss of your account and all of its content.
In the event Company terminates your account or confiscates any digital assets for cause, you will have an opportunity to appeal such a decision. All information regarding the appeals process will be provided to you at the time of any termination, freezing, or confiscation.
9. Disclaimer and Limitation of Liability
We, our affiliates and staff (collectively, the “Company Parties”) make no warranties or representations about the service and any content available on the service, including but not limited, to the accuracy, reliability, completeness appropriateness, timeliness or reliability thereof. The Company Parties are not liable for the truth, accuracy, or completeness of any material on the site or any other information sent to any user, or for any errors, mistakes, or omissions therein, or for any delays or interruptions of the data or information stream, regardless of cause. You accept that you use the service and any material on it at your own risk as a user. All content you publish to the site is strictly your responsibility.
The company parties do not warrant that the site will operate error free, or that the service and any content thereon are free of computer viruses or similar contamination or destructive features. If your use of the service or any content thereon results in the need for servicing or replacing equipment or data, no company party will be responsible for those costs.
The site and all content thereon are provided on an “as is” and “as available” basis without any warranties of any kind. Accordingly, the company parties disclaim all warranties, including, but not limited to, the warranties of title, merchantability, non-infringement of third parties rights, and fitness for particular purpose.
To the maximum extent authorized by law, the contents of this section apply.
To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless the Company Parties, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from (i) your use (or misuse) of and access to the Service; (ii) your violation of any term of these terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This responsibility to defend and indemnify shall outlive these terms and your use of the site.
11. Third Party Disputes
To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the site, including, by way of example and not limitation, any carrier, copyright owner, or another user, is directly between you and such third party, and you irrevocably release the Company Parties from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Unless otherwise specifically agreed by you and us, these terms comprise the entire agreement between you and us with regard to the subject matter hereof and replace all prior or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein. The section headers are included for convenience only and have no legal significance.
Our heirs and assigns will be entitled to profit from these terms. Without our prior explicit written approval, you may not assign these terms or any of the rights or licenses granted hereunder, directly or indirectly. We may assign these terms, or any of our rights or obligations under them, as well as any causes of action arising out of them, to any third party without your consent or notice.
As a consequence of these terms or your use of the site, you agree that no joint venture, partnership, employment, or agency relationship exists between you and us.
Our failure to act on or enforce any provision of these terms will not be construed as a waiver of that provision or any other provision in these terms. No waiver will be effective against the Company unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Further, we will not be responsible for any failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, including without limitation acts of God, war, riot, terrorism, embargoes, acts of civil or military authorities, fire, flood or other incident of “Force Majeure.”
You agree that we will be entitled to all legal and equitable remedies otherwise available to it to protect the intellectual property, proprietary rights and confidential information of itself and its licensors, including, without limitation, the right to seek and obtain injunctive relief and enforce the same against you without the necessity of having to post bond or another such guarantee.
By using the site, you hereby consent to receive certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.