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Terms & Conditions

1.         Introduction

1.1     These terms and conditions shall govern your use of our website.

1.2     By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3     If you register with our website, submit any material to our website or use any of our website services you expressly agree to the terms and conditions herein.

1.4     Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

2.         Copyright notice

2.1     Copyright (c) 2014 Icuponline.com

2.2     Subject to the express provisions of these terms and conditions:

(a)      we, together with our licensors and content providers, own and control all of the copyright and intellectual property rights to our website and the content made available through our website including but not limited to: text, graphics, logos, images, designs (including product designs), icons audio clips, digital downloads and data compilations; and

(b)      all of the copyright and other intellectual property rights in our website and the content made available through our website are reserved.

3.         Electronic Communications

3.1     By using our website or communicating with us electronically, you consent to receive communications from us electronically.  We may communicate with you by e-mail or by posting notices on our website.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement for such communication to be in writing.

4.         License to use website

4.1     You may:

(a)      view pages from our website in a web browser;

(b)      download pages from our website for caching in a web browser;

(c)      print pages from our website;

(d)      stream audio and video files from our website

          subject to the other provisions of these terms and conditions.

4.2     Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

4.3     You may only use our website for your own personal purposes, and you must not use our website for any other purposes.

4.4     Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

4.5     Unless you own or control the relevant rights in the material, you must not:

(a)      republish material from our website (including republication on another website);

(b)      sell, rent or sub-license material from our website;

(c)      exploit material from our website for a commercial purpose; or

(e)      redistribute material from our website.

4.6     Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.

4.7     We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

5.         Acceptable use

5.1     You must not:

(a)      use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)      use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)      use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)      conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e)      access or otherwise interact with our website using any robot, spider or other automated means;

(f)      violate the directives set out in the files for our website; or

(g)      use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

5.2     You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3     You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

6.         Registration and accounts

6.1     You may register for an account with our website by completing and submitting the account registration form on our website.

6.2     You must notify us in writing immediately if you become aware of any unauthorized use of your account.

6.3     You must not use any other person's account to access the website, unless you have that person's express permission to do so.

7.         User IDs and passwords

7.1     If you register for an account with our website, you will be asked to choose a user ID and password.

7.2     Your user ID must not be liable to mislead and must comply with the content rules set out in Section 9; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3     You must keep your password confidential.

7.4     You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5     You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8.         Cancellation and suspension of account

8.1     We may:

(a)      suspend your account;

(b)      cancel your account; and/or

(c)      edit your account details,

          at any time in our sole discretion without notice or explanation.

8.2     You may cancel your account on our website using your account control panel on the website.

9.         Your content: license

9.1     In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

9.2     You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.

9.3     You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2.

9.4     You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

9.5     You may edit your content to the extent permitted using the editing functionality made available on our website.

9.6     Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

10.      Your content: rules

10.1    You warrant and represent that your content will comply with these terms and conditions.

10.2    Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3    Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)      be libellous or maliciously false;

(b)      infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(c)      infringe any right of confidence, right of privacy or right under data protection legislation;

(d)      constitute negligent advice or contain any negligent statement;

(e)      constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(f)      be in contempt of any court, or in breach of any court order;

(g)      be in breach of any contractual obligation owed to any person;

(h)      constitute spam;

(i)       cause annoyance, inconvenience or needless anxiety to any person.

11.      Limited warranties

11.1    Except for those warranties expressly provided herein, you hereby acknowledge and agree that we (including officers, employees, agents and independent contractors) have not made any other warranties, express or implied, with regard to the website or the products and content therein. 

11.2    Our website and all content (including software, materials, products, and services) made available through this site are provided on an “as is” and “as available” basis, unless otherwise specified in writing. 

11.3    We do not warrant or represent:

(a)      the completeness or accuracy of the information published on our website;

(b)      that the material on the website is up to date; or

(c)      that the website or any service on the website will remain available.

11.4    We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

11.5    To the maximum extent permitted by applicable law and subject to Section 11.3, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

12.      Limitations and exclusions of liability

12.1    Nothing in these terms and conditions will:

(a)      limit or exclude any liability for death or personal injury resulting from negligence;

(b)      limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)      limit any liabilities in any way that is not permitted under applicable law; or

(d)      exclude any liabilities that may not be excluded under applicable law.

12.2    The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a)      are subject to Section 12.1; and

(b)      govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

12.3    To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

12.4    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.5    We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.6    We will not be liable to you in respect of any special, indirect or consequential loss or damage.

13.      Breaches of these terms and conditions

13.1    Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)      send you one or more formal warnings;

(b)      temporarily suspend your access to our website;

(c)      permanently prohibit you from accessing our website;

(d)      block computers using your IP address from accessing our website;

(e)      contact any or all your internet service providers and request that they block your access to our website;

(f)      commence legal action against you, whether for breach of contract or otherwise; and/or

(g)      suspend or delete your account on our website.

13.2    Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

14.      Indemnification

14.1    You agree to indemnify, defend and hold harmless ICUP, Inc. and its affiliates, officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, and damages, including reasonable attorneys’ fees and court costs arising or resulting from your use of the site and any violation of these Terms and Conditions of Use.  If you or your activities on this site cause a technical disruption of the site, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from said disruption.

15.      Variation

15.1    We may revise these terms and conditions from time to time.

15.2    The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

16.      Copyright Complaints

16.1    We respect the intellectual property of others.  If you believe that your copyright or the copyright of a person or entity for which you are authorized to act has been infringed, you may notify us through our website contact form.

17.      Third party rights

17.1    These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.

17.2    The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.

18.      Entire agreement

18.1    These terms and conditions, together with our privacy and cookies policy] shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

19.      Severability

19.1    If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.

20.      Law and jurisdiction

20.1    These terms and conditions shall be governed by and construed in accordance with New Jersey State Law.

20.2    Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of New Jersey.

21.      Our details

21.1    This website is owned and operated by ICUP, Inc.

21.3    You can contact us by writing by using our website contact form.

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