Terms and Conditions
This document outlines the types of personal information is received and collected by openicerink.com and how it is used.
IF YOU DO NOT AGREE WITH ANY TERM OR PROVISION OF THESE TERMS AND CONDITIONS, PLEASE EXIT THIS SITE IMMEDIATELY. PLEASE BE ADVISED THAT YOUR CONTINUED USE OF THIS SITE OR THE PRODUCTS OR INFORMATION PROVIDED THEREBY SHALL INDICATE YOUR CONSENT AND AGREEMENT TO THESE TERMS AND CONDITIONS.
These Terms and Conditions of Service and Use of www.openicerink.com (the “Terms and Conditions“) are hereby made effective (openicerink.com)” or “we” or “us” or “our“), and, without waiving or otherwise releasing any right or obligation under any prior terms and conditions of the use of “Open Ice Rink”, hereby amend and restate any such prior terms and conditions.
In consideration of each member or customer’s (each, a “customer” or “you“) access to and use of the Site, we require every members and customer to act with integrity, to our rules for the Site, and to abide by these Terms and Conditions and each other rule, regulation or other policy of “Open Ice Rink”, (openicerink.com).
GENERAL TERMS
By clicking “I AGREE” and/or using or accessing the Site, you hereby agree,
(a) that you have received, read and understood these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement, enforceable against you in accordance with the terms hereof,
(b) to be bound by these Terms and Conditions, any terms, conditions or other rules, regulations or policies of “Open Ice Rink”, (openicerink.com), as each may be amended or supplemented from time to time in our sole discretion without notice, and
(c) that your use of the Site shall comply with all applicable federal, state and local laws, rules or regulations, and that you are solely responsible for your compliance with, familiarity with and understanding of any such laws, rules or regulations applicable to your use of the Site. If you do not agree with any portion of these Terms and Conditions, you are prohibited from using or accessing the Site.
Without limiting the generality of the foregoing or any other provision hereof, you acknowledge and agree, as follows:
1. Not to access the Site using any automated means, including, without limitation, harvesting bots, robots, spiders, or scrapers;
2. Not to engage in multi-level marketing using the Site, including, without limitation, pyramid schemes, and similar marketing concepts;
3. Not to upload, use or disseminate viruses or other malicious code or other abusive scripts or processes;
4. Not to solicit login, account or other personal information of another person or request or obtain access to an account of another person;
5. Not to bully, intimidate, or harass any person;
6. Not to use the Site in any manner that is, or could reasonably be construed to be, unlawful, including, without limitation, in violation of any law, rule or regulation related to securities or investments, or any rules or regulations other securities exchange and any regulations or other pronouncements having the force of law;
7. Not to use the Site in any manner that is, or could reasonably be construed to be, in violation of these Terms and Conditions, fraudulent, misleading, malicious or discriminatory;
8. Not to take any action that could disable, overburden, or impair the operation or availability of the Site, such as a denial of service attack;
9. Not to engage in manipulative practices designed to obfuscate the true intent of your submissions to the Site, or to artificially generate traffic to another website;
10.Not to facilitate or encourage any violations of these Terms and Conditions;
11.Not to issue chargeback disputes against us;
12.Not to use patented, copyrighted, trademarked or other protected intellectual property without the written consent and authorization of the owner of such property;
13.Not to copy, distribute or disseminate the Site or any portion thereof, and not to transfer the Site, or any portion thereof, to another person or “mirror” the Site, or any portion thereof, on any other server;
14.Not to decompile or reverse engineer, or attempt to decompile or reverse engineer, the Site or any portion thereof; and
15.Not to take any other action that could result in any damage or disruption to the Site, or that could otherwise result in any liability, damages, costs or expenses on the part of “Open Ice Rink”, (openicerink.com).
ENTIRE AGREEMENT
1. By the execution of this agreement, You accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to you, and You hereby fully and forever release and discharge us, our insurers, employees, officers, directors, and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said equipment and facilities.
2. You expressly agree to indemnify and hold the company harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained.
3. You agree to comply with all rules imposed by the respective ice rink regarding the use of the facilities. You agree to conduct yourself in a controlled and reasonable manner at all times, and to refrain from using it in a manner inconsistent with its intended design and purpose.
4. You understand and agree that the company is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.
5. You participate in any of these activities at your own risk. You agree to consult with your personal physician before participating in any of these activities. Read, understand, and follow specific warnings and instructions from the ice rink manuals or inserts before stepping inside the ice rink.
INTELLECTUAL PROPERTY RIGHTS
All rights not otherwise claimed under this Terms and Conditions or by the Company are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
PAYMENT AND PRICES
Prices for the rinks are quoted on the listing and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated when you pay while booking.
Venue descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for such errors. We reserve the right to reject any orders placed for a venue listed at an incorrect price. If you discover an error in our website or catalog, please let us know.
Prices for the ice rinks are liable to change at any time, but changes will not affect contracts which have come into force. If you dispute any payment made to us you must contact us immediately and provide full details of your claim.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors by checking the order details.
PROMOTER’S RIGHTS
The Promoter reserves the right to refuse admission to the ice rink and/or the venue and shall be to conduct security searches to ensure the safety of all visitors.
The Promoter shall be entitled to request visitors to leave the venue at any time. The Promoter shall be entitled to remove anyone from the venue who is under the influence of drugs or alcohol or who, in the reasonable opinion of the Promoter, is conducting themselves in a manner inappropriate to their continued attendance.
The Promoter reserves the right to close the ice rink and access to areas within the grounds around the ice rink at short notice and without prior warning if necessary and the Promoters decision is final.
By entering the site visitors consent to being photographed, filmed or recorded as visitors of the ice rink, and consent to such photographs, films or recordings .
Skating under the influence of alcohol is not permitted and The Promoter reserves the right to remove those deemed to be a risk to the safety of others.
Staff reserve the right, at their sole discretion, to refuse admission or remove from the premises anyone without a ticket or not abiding by the rules of the rink.
Ice rink staff are entitled to conduct security searches to ensure the safety of all visitors.
REFUNDS AND CANCELLATIONS
No refunds or exchanges will be given through the website. If you would like to cancel your booking, please communicate with the rink manager of the facility you reserved. In the unlikely event that the ice rink manager deems it necessary to close the rink, alternative sessions will the offered subject to availability. If you have been removed from the ice rink or venue for inappropriate behavior, you will not be offered a refund and will not be offered an alternative session.
FORCE MAJEURE
Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions will be governed by and construed in accordance with USA law, and the courts of USA will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
Notwithstanding anything else set forth in this website, any and all claims, actions, disputes and lawsuits relating in any way, directly or indirectly, to this website, including but not limited to accessibility, services and products related to this website, shall be governed by and construed in accordance with the internal laws of the United States of America without giving effect to any choice or conflict of law provision or rule that would cause the application of laws of any jurisdiction.
Any claim, action, lawsuit or proceeding arising out of or related to this website and the services and products provided, shall be instituted exclusively in the federal courts of the United States and the user hereof irrevocably submits to the exclusive jurisdiction of such courts in any claim, action, lawsuit or proceeding, and waives any objection based on improper venue.
INDEMNIFICATION
By using the site you indemnify Openicerink.com from liability for loss or damage of whatever nature and howsoever arising from your use of the website and or any services, content or obligation in terms of these terms and conditions.
We expressly disclaim any and all implied warranties, including, without limitation, warranties of merchantability, accuracy of measurements, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
PRIVACY POLICY
We shall have the right to use and disclose any information provided by you through the Site, or other products or services, (including but not limited to information provided through e-mail) or made available through your use of the Site, for any lawful purpose, unless you indicate otherwise in accordance with the policies and procedures therefore of “OPEN ICE RINK”. In no event shall you be entitled to any compensation for the use of any of such information.
TERMINATION
If you violate these Terms, your permission to use the Services will automatically terminate. In addition, “Open Ice Rink” in its sole discretion may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Services at any time, with or without notice to you.
Your account or service may be cancelled, subject to the terms hereof, at any time; provided that, as set forth above, no refunds will be issued.
REFUSAL OF YOUR ORDER
While we will use our best efforts to fulfill all bookings, we cannot guarantee the availability of any particular ice rink displayed on the Site. We reserve the right to discontinue the sale of ice rink listed on the Site at any time without notice.
We reserve the right, at our sole discretion, to refuse or cancel any booking for any reason.
SEVERABILITY
If any provision of these Terms and Conditions is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms and Conditions will not be affected in any way.
DISCLAIMER
We work hard to provide the best services we can and to specify clear guidelines for everyone who uses them. Our Services, however, are provided "as is," and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER.
OPEN ICE RINK, DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, OPEN ICE RINK, DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, AVAILABILITY, SERVICE LEVELS, TIMELINESS, AND PERFORMANCE OF THE SITE; OPEN ICE RINK, DISCLAIMS ALL LIABILITY FOR ANY CLAIMS, DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEY’S FEES) RELATED TO THE FOLLOWING, AND DOES NOT WARRANT THAT (I) THE SITE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, AVAILABLE, SECURE OR ERROR-FREE, (III) THAT ANY RESULTS MAY BE OBTAINED FROM YOUR USE OF THE SITE, OR THAT ANY DATA, CONTENT OR INFORMATION ON THE SITE IS, OR WILL BE, VALID, ACCURATE, TIMELY, ADEQUATE, COMPLETE, LEGAL OR OTHERWISE RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SITE WILL BE CORRECTED.
OPEN ICE RINK, DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SITE; AND, OPEN ICE RINK, DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE.
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, AND ANY CONTENT, SERVICES OR OTHER INFORMATION OR MATERIALS RELATED THERETO, IS SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, THAT RESULTS FROM OR ARISES FROM YOUR USE OF THE SITE, OR ANY CONTENT, SERVICES OR OTHER INFORMATION OR MATERIALS RELATED THERETO. YOU HEREBY EXPRESSLY DISCLAIM AND RELEASE AND WAIVE ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, RELATED TO OR ARISING FROM, THE WARRANTIES DISCLAIMED BY OPEN ICE RINK, HEREBY.
HEALTH DISCLAIMER
Participating in Ice skating carries an inherent risk, any participation is totally at the users own risk. Anyone with any medical conditions, serious previous injuries, recently broken bones, knee or joint problems, head injuries, pregnancy, mobility problems, or taking prescribed drugs should carefully consider whether it is safe for them to participate without endangering themselves or other participants whilst skating.
LIABILITIES
We cannot predict when issues might arise with our services. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we have been advised of the possibility of such damages.
THIRD-PARTY WEBSITES
The Site, and other products and services of “Open Ice Rink”, may contain links to other websites or applications. The fact that we link to a website is not an endorsement, authorization, or representation of our affiliation with that third party. “Open Ice Rink” has not reviewed all of the sites linked to or from the Site, or other products and services of “Open Ice Rink” and is not responsible for the content of any such linked website. We do not exercise control over third party websites.
Your use of links to other websites is at your own risk. We are not responsible for third party sites linked from the Site, or other products and services of “Open Ice Rink”, nor do we make any representation or warranties, express or implied, with respect to any such website.
CHANGES TO THE TERMS
“Open Ice Rink”, (openicerink.com) reserves the right to revise these Terms and Conditions at any time without notice. By using the Site, you are agreeing to be bound by the then-current version of these Terms and Conditions, and your continued use of the Site reaffirms your agreement to the then-current Terms and Conditions. You agree to consult the Site regularly for up-to-date information about these Terms and Conditions and the Privacy Policy.
WAIVERS
Our failure to act with respect to a breach of these Terms and Conditions by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
COPYRIGHT
Copyright © 2020 “Open Ice Rink”. All rights reserved. All materials presented on this site are copyrighted and owned by “Open Ice Rink” or other individuals or entities as designated. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.