Icecat User Terms of Service
Icecat Servicebetingelser for registrerede brugere
This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. Date of Last Revision: December 9, 2011.
This is the terms of service (Terms) for Icecat N.V. that governs our relationship with registered users who interact with the website of Icecat. By registering and logging in to Icecat, you agree to this Terms, as updated from time to time in accordance with Section 8 below. Additionally, you will find resources at the end of this document that help you understand how Icecat works.
Sharing Your Company’s Content and Information
You or your company owns all of the content and information you post on Icecat, and you can control how it is shared through your application settings and/or the agreement your company has with Icecat. In addition:
- For content that is covered by intellectual property rights, like photos, logos, animations, leaflets, manuals and videos (IP content), you specifically give us the following permission, subject to your application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Icecat (IP License). This IP License ends when you delete your IP content unless your content has been shared with others, and they have not deleted it.
- When you delete IP content or ask us to delete it, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time.
- When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
- When you publish content or information via Icecat, it means that you are allowing everyone, including people inside or outside of Icecat, to access and use that information, and to associate it with you and/or your company’s brand. You are aware and consent that the information may be published via paid services like Full Icecat, and free services like Open Icecat under an open content license, depending on your application settings or agreement with Icecat.
- In case that Icecat’s editors have produced and posted content or information for your company or brand, you accept that the intellectual property rights for that content or information – with the exception of your IP content - belongs to Icecat. The IP License as mentioned in 1.1 also applies to your IP Content posted in relation to this content or information.
We do our best to keep Icecat safe, but we cannot guarantee it. We need your help to keep Icecat safe, which includes the following commitments by you:
- You will not post unauthorized commercial communications (such as spam) on Icecat.
- You will not collect users' content or information, or otherwise access Icecat, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Icecat.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence, unless the nature of products described require such content.
- You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
- You will follow all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”) on Icecat.
- You will not use Icecat to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of Icecat, such as a denial of service attack or interference with page rendering or other Icecat functionality.
- You will not facilitate or encourage any violations of this Terms or our policies.
Registration and Account Security
Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on Icecat, or create an account for anyone other than yourself without permission.
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission.
- You will keep your contact information accurate and up-to-date.
- You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account (including any brand account or application you administer) to anyone without first getting our written permission.
- If you select a username or similar identifier for your (brand) account, we reserve the right to remove or reclaim it if we believe it is appropriate.
Protecting someone else’s intellectual property rights
We respect someone else’s intellectual property rights, and expect you to do the same.
- You will not post content or take any action on Icecat that infringes or violates someone else's intellectual property rights or otherwise violates the law.
- We can remove any content or information you post on Icecat if we believe that it violates this Terms or our policies.
- We provide tools to help you protect your intellectual property rights, such as functionality to limit the access to certain IP content. When we receive a valid notice of IP infringement, we promptly remove or disable access to the allegedly infringing content.
- If we remove your content for infringing someone else’s intellectual property rights, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe someone else’s intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks (including Icecat and the Icecat Logos), or any confusingly similar marks, without our prior written permission.
- If you collect information related to someone else’s intellectual property rights (e.g., product images and branded materials) to post it on Icecat, you will: obtain its consent and make it clear you (and not Icecat) are the one collecting their information.
- If you work as an editor hired by Icecat, you transfer the intellectual property rights on the information and content you post in Icecat to Icecat, insofar not owned by someone else (e.g. a brand).
- You will not post anyone's identification documents or sensitive financial information on Icecat.
- You will not send email invitations to non-users without their consent.
Mobile and Other Devices
- You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Icecat.
Special Provisions Applicable to Developers/Operators of Applications and Websites
If you are a developer or operator of a Platform application or website, the following additional terms apply to you:
- You are responsible for your application and its content and all uses you make of Platform. This includes ensuring your application or use of Platform meets these Terms and the respective terms & conditions of the applicable license (Open Icecat: Open Content License – OPL, Full Icecat: Icecat Content License).
- Your access to and use of data you receive from Icecat, will be limited as follows:
- You will only request data you need to operate your application.
- You will delete all data you receive from us concerning a brand if the brand asks you to do so, and will provide a mechanism for brands to make such a request.
- You will not include data you receive from us concerning a brand in any advertising creative without prior written consent from the respective brand.
- You will not directly or indirectly transfer any data you receive from us to (or use such data in connection with) any ad network, ad exchange, data broker, or other advertising related toolset, without our prior written consent.
- You will not sell a brand’s product data. If you are acquired by or merge with a third party, you can continue to use a brand’s product data within your application, but you cannot transfer the product data outside of your application.
- We can require you to delete product data if you use it in a way that we determine is inconsistent with users’ expectations.
- We can limit your access to data.
- You will comply with all other restrictions contained in our Icecat Fair Use Policies
- You will not give us information that you independently collect from a user or a user's content without that user's consent.
- You will make it easy for users to remove or disconnect from your application.
- You will make it easy for users to contact you. We can also share your email address with users and others claiming that you have infringed or otherwise violated their rights.
- You will provide customer support for your application.
- You will not show third party ads or web search boxes on icecat’s websites.
- We give you all rights necessary to use the code, APIs, data, and tools you receive from us.
- You will not sell, transfer, or sublicense our code, APIs, or tools to anyone.
- You will not misrepresent your relationship with Icecat to others.
- You may not use the Icecat logos we make available to developers or issue a press release or other public Terms without our prior written consent.
- We can issue a press release describing our relationship with you.
- You will comply with all applicable laws.
- We do not guarantee that access by your Platform will always be free.
- You give us all rights necessary to enable your application to work with Icecat, including the right to incorporate content and information you provide to us into streams, timelines, and user action stories.
- You give us the right to link to or frame your application, and place content, including ads, around your application.
- We can analyze your application, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search).
- To ensure your application is safe for users, we can audit it.
- We can create applications that offer similar features and services to, or otherwise compete with, your application.
Special Provisions Applicable to Software
- If you download our software, such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may download upgrades, updates and additional features from us in order to improve, enhance and further develop the software.
- You will not modify, create derivative works of, decompile or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license or we give you express written permission.
- We can change this Terms if we provide you notice (by posting the change on the respective Icecat page or via an email to users) and an opportunity to comment.
- For such changes we will give you a minimum of 30 (thirty) days notice. If there are critical changes, shorter terms of notice can be applicable.
- If we make changes to policies referenced in or incorporated by this Terms, we may provide notice on our website and/or by email.
- We can make changes for legal or administrative reasons, or to correct an inaccurate Terms, upon notice without opportunity to comment.
- Your continued use of Icecat following changes to our terms constitutes your acceptance of our amended terms.
If you violate the letter or spirit of this Terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Icecat to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Terms shall terminate, but the following provisions will still apply: 1.2, 1.4, 2-4, 6.1-6.3, 6.9, 6.10, 6.13, 6.15, 6.18, and 10-13.
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Terms or Icecat exclusively in a court located in Amsterdam, The Netherlands. The laws of The Netherlands will govern this Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Amsterdam, The Netherlands for the purpose of litigating all such claims.
- If anyone brings a claim against us related to your actions, content or information on Icecat, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Icecat and are not responsible for the content or information users transmit or share on Icecat. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Icecat. We are not responsible for the conduct, whether online or offline, or any user of Icecat.
- WE TRY TO KEEP ICECAT UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING ICECAT AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT ICECAT WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT ICECAT WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. ICECAT IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS TOS OR ICECAT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS TERMS OR ICECAT WILL NOT EXCEED THE GREATER OF ONE HUNDRED EURO (100 EURO) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ICECAT'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW.
Special Provisions Applicable to Users Outside the Netherlands
We strive to create a global catalog with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Icecat outside the Netherlands:
- You consent to having your content and information transferred to and processed in the Netherlands.
- If you are located in a country embargoed by the Netherlands, you will not engage in commercial activities on Icecat (such as advertising) or operate a Platform application or website.
- By "Icecat" we mean the features and services we make available, including through (a) our website at www.icecat.biz and any other Icecat branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins and (d) other media, software, devices, or networks now existing or later developed.
- By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Icecat or provide data to us.
- By "information" we mean facts and other information about you and the company you represent, including actions taken by users and non-users who interact with Icecat.
- By "content" we mean anything you or other users post on Icecat that would not be included in the definition of information, for example product data.
- By "data" or we mean any data, including a user's content or information that you or third parties can retrieve from Icecat or provide to Icecat through our Platform.
- By "post" we mean post on Icecat or otherwise make available by using Icecat.
- By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
- By “you” we mean you as a person or you as a representive of your company and your company’s brand(s).
- By “brand” we mean the trademark or other mark that a company is using for its products and/or services, whether officially registered or not.
- This Terms is an agreement between you and Icecat N.V.
- If any portion of this Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Terms, it will not be considered a waiver.
- Any amendment to or waiver of this Terms must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Terms to anyone else without our consent.
- All of our rights and obligations under this Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Terms shall prevent us from complying with the law.
- This Terms does not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing Icecat.
- ‐ Open Content License (Open Icecat)
- ‐ Icecat Content License (Full Icecat)