Ice’Sentual Elements Terms of Use
IMPORTANT LEGAL INFORMATION: PLEASE CAREFULLY READ THIS AGREEMENT IN ITS ENTIRETY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDTIONS FOR YOUR USE OF THE SERVICE AND PRODUCTS AVAILABLE FOR SALE THROUGH THE SERVICE.
THESE TERMS REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US AND WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN COURT, TO HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY, OR TO BRING ANY CLAIMS AGAINST US IN A CLASS ACTION FORMAT.
Overview
Greetings!! The following Terms of Use ("Terms") apply to all visitors/users of our Ice'Sentual Elements websites, microsites, and mobile websites (each a "Site") and your use of interactive features, widgets, plug-ins, content, downloads and/or other online services we own/control and post a link to these Terms (the "Service"). The Service is made available by Ice'Sentual Elements and elementsofice.com (collectively referred to herein as “Ice’Sentual”, "we", "our", or "us").
If you want to access/utilize the Service, carefully read these terms in its entirety (including all links to details), as they constitute a written agreement between you and us and they affect your legal rights and obligations. Each time you access and/or utilize the Service (other than to read these Terms), you agree to be bound by and comply with these Terms and any Additional Terms (defined below) then posted.
The www.elementsofice.com website (the "Site") is comprised of various web pages operated by Ice'Sentual Elements (Ice). This site is offered to you conditioned on your acceptance without modification of terms, conditions, and notices contained herein (the "Terms"). Your utilization of www.elementsofice.com constitutes your agreement to all such Terms. Please carefully read these terms and keep a copy for your reference. You agree by using this website, you are at least 18 years of age, or visiting under the supervision of a parent/guardian, and legally able to enter a contract.
IF YOU DISAGREE WITH THESE TERMS AND CONDITIONS, YOUR SOLE CHOICE IS TO STOP UTILIZING www.elementsofice.com. In the event of a violation of these Terms, we reserve the right to seek all actions accessible by law and in equity.
DISCLAIMER: www.elementsofice.com is an informational site and Ice’Sentual does NOT seek to diagnose, treat, cure, or heal anyone. Speak with your healthcare provider before utilizing any products/services which may affect your health or exacerbate any symptoms/diseases.
The business realties connected with operating the Service are such, without the limitations set forth in these Terms, such as your grants and waivers of rights, limitations on our liability, your indemnity of us, and the arbitration of certain disputes - we would not make the Service available to you.
In some occurrences, both these Terms and separate guidelines/rules, terms of use, sale setting forth additional/different terms and/or conditions will apply to your utilization of the Service or service/product offered via the Service such as enrolling in our Preferred Patron program (may only be available in select markets), you agree to our Preferred Patron program terms that will apply (in each such instance, and collectively "Additional Terms"). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms expressly state otherwise.
Terms of Use Full Specification
1. Service Content, Ownership, Limited License, and Rights of Others
A. Content – The Service contains an array of: (a) materials/other items pertaining to Ice'Sentual Elements and its products/services, and similar items from our licensors/other third parties, including all layout, information/instructions, articles/posts, data, files, scripts, designs/graphics, button icons, illustrations/pictures, photographs/images, audio clips/videos, music/sounds, advertising copy, URLs, technology/software, interactive features, the "look and feel" of the Service, and compilation, assembly, and arrangement of materials of the Service and any and all copyrightable material (including source and object code); (b) trademarks/trade names, trade dress, logos, service marks, and/or trade identities of various parties, including those of Ice'Sentual Elements (collectively, “Trademarks”); and (c) other forms of intellectual property (all of the foregoing collectively, “Content”).
B. Ownership – The Service (including past, present, and future versions) and the Content are owned by us, or licensors and/or other third parties. All rights, titles, and interests in and to the Content available via the Service is the property of us or our licensors or certain other their parties, and is protected by U.S., Canadian and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Ice’Sentual owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service. Ice’Sentual and its affiliates have a no-tolerance policy regarding the use of our Content, including our Trademarks or names in metatags and/or hidden text, including for purposes of gaining higher rankings from search engines. Linking to any page on this Service is prohibited, unless through express written approval from Ice’Sentual. Framing, inline linking or other association of this Service or its suppliers’ software or HTML code, scripts, text, artwork, photographs/images, video, and audio with links, advertisements and/or other information not originating from the Service is expressly prohibited.
C. Limited License – Subject to your strict compliance with these Terms and any Additional Terms, Ice’Sentual grants you limited, non-exclusive, revocable, non-assignable, personal, and non- transferable license to download (temporary storage only), display, view, utilize, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access, utilize, enable display and functionality) on a personal computer, mobile phone/wireless device, or other Internet enabled device (each, a “Device”) for your personal, non- commercial use only. The foregoing limited license: (a) does not give you any ownership of, or any other intellectual property interest in, any Content, and (b) may immediately be suspended/terminated for any reason, in Ice’Sentual’s sole discretion, and without advance notice/liability. In some instances, we may allow you to have greater access to and utilization of Content, subject to certain Additional Terms.
D. Rights of Others – When utilizing the Service, you must respect the intellectual property and other rights of Ice’Sentual and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws; and any such utilization may result in your personal liability, including potential criminal liability. If you believe your work was infringed by means of an improper posting/distribution via the Service, you may send us a written notice including all the following:
(a) a subject line entitled: “DMCA (Digital Millennium Copyright Act) Copyright Infringement Notice”
(b) a description of copyrighted work claiming to be infringed upon
(c) a description of where claimed infringing is located, and reasonably sufficient in allowing us to locate the material (please include the URL/page of Service where it appears)
(d) your full name, address, telephone number, and email address
(e) a statement by you having a good faith belief the utilization of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
(f) a statement by you, made under penalty of perjury, all notice information is accurate, and you are the copyright owner (or, if you are not the copyright owner, your statement must indicate you are authorized to act on an exclusive right which is allegedly infringed); and
(g) your electronic or physical signature.
Ice’Sentual will only respond to DMCA Notices received by mail/email at the addresses below:
By Mail: Ice’Sentual Elements, 1501 S. Loop 288 Suite 104/309, Denton, TX 76205
By Email: support@elementsofice.com
Often its difficult to determine if your copyright has been infringed. Ice’Sentual may elect to not respond to DMCA Notices not substantially complying with all foregoing requirements, removing allegedly infringing material coming to its attention, via notices not substantially complying with the DMCA. The DMCA states any person who knowingly materially misrepresents said material/activity is infringing, may be subject to liability. We may send the information you provide in your notice to the individual providing the allegedly infringing work. This individual may elect to send us a DMCA Counter-Notification. Without limiting Ice’Sentual’s other rights, we may, in appropriate circumstance, terminate a repeat infringer’s access to the Service/any other website owned/operated by Ice’Sentual.
2. Service and Content Use Restrictions
A. Service Use Restrictions – You agree to not: (a) utilizing the Service for any political/ commercial purposes (including, without limitation, for purposes of advertising, solicitating funds, collecting product prices, and selling products); (b) utilizing any meta tags/other “hidden text” utilizing any Trademarks; (c) engage in any activities through/in connection with the Service seeking to attempt/do harm any individuals/entities; or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, or abusive; or which violates any right of any third party, or are otherwise objectionable to Ice’Sentual; (d) reverse engineer, decompile, disassemble, reverse assemble, or modify any Service source/object code or any software/other products, services, or processes accessible through any portion of the Service; (e) engage in any activity interfering with a user’s access to or proper operation of the Service, or otherwise causes harm to the Service, Ice’Sentual, or other users of the Service; (f) interfere with/bypass any security features/any feature restricting/enforcing constrains on utilizing/accessing the Service, Content, or User Content; (g) harvest or otherwise collect/store any information (including email addresses, without the express consent of such users and Ice’Sentual); (h) try to possess unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; or (i) otherwise violate these Terms/any Additional Terms. Ice’Sentual reserves the right to block/deny access to the Service, anyone at any time, for any grounds.
B. Content Use Restrictions - You also agree, in using the Service to: (a) not monitor, gather, copy, or
distribute the Content (except as may result in standard search engine activity/utilization of a
standard browser) on the Service by using any robot ("bot", rover, spider, scraper, crawler, spyware,
engine, device, software, extraction tool, or any other automatic device, utility, or manual process of
any kind; (b) not frame/utilize framing techniques to enclose any such Content (including any
images, text, or page layout); (c) keep intact all Trademark, copyright, and other intellectual property
notices contained in such Content; (d) not utilize such Content in a manner suggesting an
unauthorized association with any of our/our licensors' products, services, or brands; (e) to not make
any modifications to such Content; (f) not modify, copy/reproduce/clone, archive, sell/exchange,
lease/rent, create derivative works from, publish by hard copy/electronic means, publicly perform,
display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party/third-
party application/website, or otherwise utilize/exploit such Content in any way for any purpose
except specifically permitted by these Terms/Additional Terms or with the prior written consent of
an officer of Ice'Sentual or, in the case of Content for a licensor, the owner of the Content; and (g)
not insert any code or product to manipulate such Content in any way adversely affecting any
user experience.
C. Service and Content Availability – Ice’Sentual may immediately cease/terminate the availability of the Service and Content (and any elements/features of them), in whole or in part, for any reason, in Ice’Sentual’s sole discretion, and without advance notice/liability.
D. Reservation of All Rights Not Granted as to Content and Service – These Terms and Additional Terms include only narrow, limited grants of rights to Content and utilize/access the Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Ice’Sentual and its licensors/other third parties. ANY UNAUTHORIZED USE OF ANY CONTENT OR THE SERVICE FOR ANY PURPOSE IS PROHIBITED.
3. Terms Applicable to Purchases
A. General Purchases - To purchase any products/services sold through the Service, you must be: (a) at
least eighteen (18) years of age, or applicable age of majority in your jurisdiction of residence; or (b)
if a minor, have a valid gift card or credit/debit card where an adult has listed you as an authorized
user of their card. By submitting this information to us or our third-party credit card processor/
service provider, you agree to authorizing us and/or our processor/service provider to charge your
card/account at our convenience. For any product/service you order on the Service, you agree to
pay the price applicable (including any sales taxes, shipping and handling fees, and surcharges) at
the time of submission. We will automatically bill your credit card/other form of payment
submitted as part of the order process for such price.
B. Methods of Payment, Credit Card Terms, and Taxes – All payments must be made through any of the methods accepted at the time of payment by us or our payment services provider. Your card issuer agreement governs your utilization of your designated card/ payment account, you must refer to this agreement and not these terms to determine your rights and liabilities as a card/account holder. If for any reason your default payment method is declined/no longer available, you authorize us to charge any other payment method you have authorized for utilization on your account with us, remaining responsible for any uncollected amounts. You represent and warrant you will not use any credit card/ other form of payment, unless having all necessary legal authorization to do so. YOU, AND NOT US, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees/charges incurred in connection with your purchases (including any applicable taxes, shipping and handling fees, and surcharges) at the rates in effect when the charges were acquired. If we do not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by us or our agents. Sales or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products. We will charge applicable taxes in effect at time of purchase. We shall automatically charge and withhold applicable tax for orders to be delivered to addresses within, and any states/localities we deem is required in accordance with our order policy in effect at the time of purchase.
C. Returns and Orders/Shipping Policy – All purchase transactions made through the Service are subject to our return policy and orders/shipping policy in effect at the time of purchase. DUE TO SANITATION AND HEALTH CONCERNS, RETURNS WILL ONLY BE AVAILABLE (WITH PROVIDED PROOF) FOR THE FOLLOWING REASONS: (a) YOUR ORDER DOES NOT MATCH THE ITEM DESCRIPTION OR PHOTOS; OR (b) YOUR ITEM DID NOT ARRIVE (WE ARE NOT RESPONSIBLE FOR INCORRECT ADDRESSES ON YOUR PART OR UNSAFE DELIVERIES/STOLEN PACKAGES). Some products/services may be made-on-demand and may be subject to additional policies, conditions and restrictions, and may take longer to ship. Products/services made-to-order or personalized, may not be returned or exchanged, unless incorrect upon arrival due to our error/mistake. All products purchased from us are delivered to you by a third-party delivery company, pursuant to a shipping contract. You shall become the owner of the products and assume the risk of loss at time of delivery by us of the products to the third-party delivery company. We shall not be in default if delivery is delayed/rendered impossible by forces of nature, war, civil commotion, governmental action, terrorism, fire, storm, flood, explosion, strikes, walkouts, pandemic, other industrial disturbances, utility, services/transportation interruptions, or any other cause beyond our reasonable control.
D. Order Acceptance Policy – Your receipt of an electronic/another form of order confirmation does not signify our acceptance of your order, nor constitute confirmation of our offer to sell, or the price/availability of an item has been confirmed. At any time after receipt of your order, we reserve the right to accept or decline your order (or otherwise cancel your order) for any reason. We further reserve the right any time after receipt of your order, without prior notice to you, supply less than the quantity ordered of any item, or refuse to fulfill your order (in whole or in part). Your order will be deemed accepted by us upon delivery of the products/services ordered. We may require additional verifications/ information before accepting any order. Certain products/services made-on-demand may be subject to additional delay due to production methods via third-party vendors, unlink in- stock orders. In spite of the preceding, you agree if we cancel all/a portion of your order, or provide less than the quantity ordered, your sole and exclusive remedy is either: (a) we will issue a credit to your card/payment account in the amount charged for the cancelled portion/quantity not provided (if your card/account has already been charged for the order); or (b) we will not charge your card/account for the cancelled portion of the order/quantity not provided. Do not assume a cancellation/change of a placed order has been successful until receiving a confirmation email from us. You will still be responsible for, and your credit/debit card or other third-party payment account may be charged for the payment of all fees associated with orders already processed/shipped before your cancellation/change request, or request to terminate order was received. We may refuse any order linked to a previous credit card dispute/apparent fraudulent activity. We may refuse to process any subsequent order from a customer who has a history of placing fraudulent orders.
E. No Responsibility to Sell Mispriced Products – We do our best to describe every item, product/service offered on the Service as accurately as possible. However, being human, we do not warrant specifications/pricing on the Service is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing/specifications of any item, product/service, we shall have the right to revoke any stated price and correct the error, inaccuracy or omission (including after a purchase has been made), or refuse/cancel any orders in our sole discretion (including any accepted orders). If we charged your credit/debit card or other account prior to cancellation, a credit to your account in the amount charged will be issued. If we accept and process your order where a pricing/specification error is obvious/unmistakable and could reasonably have been recognized by you as a mispricing/misdescription, we may cancel the sale, require the return of any unopened, unused, and undamaged products, and then refund you any sums paid.
F. Pricing/Billing Term Modifications – Purchases of products/services on the Service are subject to availability. All descriptions, images, references, features, content, information, specifications, products, and prices described/depicted in connection with the Service are subject to change at any time without notice. We cannot and do not guarantee the accuracy/completeness of any information, including prices, product images, specifications, availability and services, including for any items sold by third parties (if any). We reserve the right to change/update information and correct errors, inaccuracies or omissions at any time without prior notice (including after a purchase has been made). Descriptive, typographic and photographic errors are subject to correction, and we shall have no liability of any kind for such errors. We reserve the right to modify/cancel orders for any reason, including for typographical, pricing and other errors at any time. We strive to display as accurately as possible the colors of the products shown on the Service, however, we cannot and do not agree your monitor’s display of any color will be accurate. PRODUCTS AND SERVICES DISPLAYED ON THE SERVICE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED/DISCONTINUED AT ANY TIME.
G. Offers and Discounts – For most promotional offers, (coupons, vouchers, discounts, etc.) restrictions apply (see offer for full terms and conditions applicable). Offers have no cash value and are not valid on previously purchased online/third party merchandise, gift cards, taxes, or shipping and handling. Limit ONE (1) offer per order. Offers may not be combined with other offers/promotions, are not valid if reproduced, and only accepted for a limited period. Please read all details of each offer, as coupons/promotional code restrictions may vary. We reserve the right to modify, suspend, impose conditions on, or cancel offers at any time without notice. If you return any items purchased with a discount offer, the discount/value may be subtracted from the return credit. We have no obligation for payment of any tax in conjunction with the distribution/utilization of any offer. You are required to pay any applicable sales tax related to utilizing the offer.
4. Your Account
To access/utilize some or likely all the Service features, you may first be required to register for a user account through the registration process we make accessible. The Service’s practices resulting from collection and utilization of your personal information are pursuant to our Privacy Policy. If a password and/or username is required, you will choose your own unique and confidential password at registration (a randomly generated initial password may be emailed to you) and you agree to: (a) not utilizing an e-mail address/username already utilized by someone else, impersonates/belongs to another, violates the intellectual property/right of any person/entity, or is offensive. We may reject the use of any password, username/email address for any other reason in our sole discretion; (b) provide true, accurate, current, and complete information about you in relation with the registration procedure, and update to maintain confidentiality; (c) being solely responsible for all activities occurring under your account, password, and username (whether or not you authorized activity) and safeguarding the confidentiality of your information; and (d) not selling, transferring, or assigning your/any account rights. We will not be liable for any loss/damage incurred to you/any third party from your inability/failure (whatever the reason) to comply with any aforementioned obligations. We may suspend/terminate your account (at our sole discretion, for any reason, and without advance notice/liability) if you provide or have reasonable ground to suspect any information provided is false, inaccurate, outdated, incomplete, or in violation of our Terms/Additional Terms or any other applicable law.
5. User/Community Content
At times, we may invite you to post digital content (“User Content”) by utilizing hashtags/brand tag. “User Content" can refer to: product reviews, testimonials, messages/text, illustrations/graphics, files, images/photographs, comments/feedback, surveys, responses, sounds, music/videos, information, content, data, questions/suggestions, personal identifying information, or other information/materials/ideas comprising of content posted in response to the ”Invitation” on the Service. You agree to these Terms by submitting your User Content/applying any required hashtags/other hashtags, and acknowledge no compensation will be received in any way for User Content. We may retouch/edit photos without your ability to inspect/pre-approve. Do not respond to the Invitation if you do not fully consent/authorize utilization of User Content. Do not utilize/submit publicly on Service your/another’s password, phone number, address/email, credit card number, medical information, or other personal identifying information. User Content must not submit viruses, Trojan horses, spyware, or any other malicious technologies/codes which could have an impact on the operation of the Service or any computer/device.
Any unsolicited ideas you post/send on the Service are deemed User Content and licensed to
utilize by us, and may also be rejected, deleted, moved/reformatted, or refused posting without
notice/liability to you/any third party. All offensive, obscene/lewd, lascivious, violent,
harassing/threatening, abuse, illegal, or other objectionable/inappropriate material will lead to
deletion of account. Be respectful of others within our community...there will be ZERO tolerance
for the following: cursing, harassing, bullying, stalking, insulting, personal attacks, and gossip
(also connected to race, religion, national origin, gender, sexual orientation, or physical handicap)
- - resulting in immediate deletion of account and Ice'Sentual taking any legally available action
we deem appropriate!!!!! WE ARE LOVE, LIGHT, RAINBOWS, MERMAIDS, AND UNICORNS
OVER HERE :-}
6. Notices and Questions – You agree to: (a) us providing new/revised/changed terms and important material by posting updated Terms on the Service, or via your mailing/email address provided by you; (b) promptly notifying us of email/mailing address changes, by updating your account information (if you do not receive a product/service due to not updating information, we are not held responsible for shipment to the mailing/email address in our system, nor will a refund be given); and (c) acknowledging Customer Support is at the sole discretion of Ice’Sentual and have no obligation to provide you with Customer Support of any kind.
7. Linked-To Websites, Advertisements, and Third-Party
A. Linked Services/Advertisements – The Service may contain links to third parties operating independently of us (“Linked Services”). Ice’Sentual does not have any control over content, operations, policies, terms, or other elements of Linked Services, nor assume any obligation to review any Linked Services. We do not endorse/sponsor or approve any Linked Services or third- party content, advertising, information, materials, products/services, or other items. Ice’Sentual is not liable for: (a) the quality/delivery of products/services accessed/obtained or advertised at Linked Services; and (b) any direct/indirect, incidental or special loss/other damage (arising from negligence, breach of contract, defamation, infringement of copyright/other intellectual property rights caused by exhibition, distribution or exploitation of any information/content contained within third-party Linked Services. Any engaged activities are solely between the consumer and Linked Services. Ice’Sentual refuses all liability in connection with this situation.
B. Third Party – Any and all interactions, communication, transactions, and other dealing with third parties found on/through the Service or on/by means of Linked Services/advertisings, are solely between you and the third-party (including issues pertaining to advertisements, payments, delivery of goods, warranties, privacy, and data security). Ice’Sentual refuses all liability in connection with these dealings.
8. Telephone/Messaging Terms and Conditions – Ice’Sentual may offer mobile messaging and telephone communications (short, multimedia, artificial voice, and/or autodialed messages) when voluntarily providing your phone number (opting-in or ordering products/services) through the Service. You may also receive notifications regarding offers, promotions, your account/transaction, delivery, alerts, personalized program content, online shopping cart reminders, and/or your relationship with us. You acknowledge automated communications may be made to your telephone number(s) even if registered on any state/federal Do Not Call list, and mailing/email addresses even if account canceled/terminated, unless you change your consent status/opt out all communications. You do not have to agree to receive automated promotional communications as a condition of purchasing any good/services. You verify you are the current subscriber/owner of any telephone numbers provided to the Service and will immediately notify us of any updates/changes to ensure proper delivery of goods/services. There are no fees to receive communications from us, but your telephone provider may, so it is your responsibility to verify this. Ice’Sentual is not liable for any charges incurred, and you can opt-out or delete telephone communications (ensure packages will be deliverable without needing phone communication). By agreeing to receive communications from us, you agree to release us from any/all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms, based on any alleged violations of the Federal Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, and/or any similar laws, acts, or statutes.
9. Disclaimers – YOUR ACCESS AND UTILIZATION OF THE SERVICE IS AT YOUR SOLE RISK, WITH THE SERVICE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Ice’Sentual and each of their respective employees, officers, directors, members, managers, shareholders, agencies/agents, vendors, licensors/licensees, contractors, successors, and assigns (the “Ice’Sentual Parties), disclaim and make no representations, warranties, endorsements or promises to diagnose, treat, cure, or heal anyone. Speak with your healthcare provider before utilizing any products/services which may affect your health and/or exacerbate any symptoms/diseases. To the extent permitted under any applicable law, under no circumstances will any Ice’Sentual Parties be responsible/liable for any loss/damages of any kind, including personal injury/death, or for any direct/indirect, economic, exemplary, special, punitive, incidental/consequential losses/damages which are directly/indirectly related to the Service and any products/services purchased/utilized. These limitations of liability will also apply if any events/circumstances were foreseen and Ice’Sentual Parties were advised/should have known the possibility of losses/damages, regardless of whether you bring an action based in contract, negligence, strict liability, tort, negligence, acts of God, telecommunications failure, or destruction of the Service.
10. Waiver of Injunctive or Other Equitable Relief – If you claim you have incurred any loss/damages/injuries in connection with utilizing the Service, then these will not be irreparable/sufficient to entitle you to an injunction/other equitable relief of any kind. In connection with your claim, you agree to not seek/be permitted to obtain any court/other action which may interfere with/prevent the development/exploitation of any website, application, content, user content, product/service, or intellectual property license, owned, utilized or controlled by Ice’Sentual, your licensed user content, or a licensor of Ice’Sentual. You agree to defend, indemnify, and hold harmless the Ice’Sentual Parties harmless from/against all claims, suits, demands, actions, damages/losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses/attorneys’ fees directly/indirectly arising from/related to your User Content, utilization of the Service and your activities, and your breach/alleged breach of these Terms/Additional Terms.