Last updated May 1, 2020.
This Terms of Service (the “Terms”) describes the rights and responsibilities that apply to your use of Iceberg’s websites and services (collectively, the “Service”), each owned and operated by Blaze Studios Inc. (“Iceberg”, “we”, “our” or “us”).
Please read the Terms carefully before using the Service. If you don’t agree to the Terms, as well as Iceberg’s Privacy Policy (the “Privacy Policy”) and Iceberg’s Community Guidelines (the “Community Guidelines”), you may not use the Service. If you are entering into the Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the Terms. If you do not have such authority, you must not accept the Terms or use the Service on behalf of such entity. The Service is only available to you if you have entered the age of majority in your jurisdiction of residence and are fully able and competent to enter into, abide by and comply with the Terms.
If you create an account on the Service (your “Account”), you are responsible for maintaining the security of your Account and its Content (as defined below), and you are fully responsible for all activities that occur under your Account and any other actions taken on the Service. You must not describe or assign Content to your Account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Iceberg may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Iceberg liability. You must immediately notify Iceberg of any unauthorized uses of your Account or any other breaches of security. Iceberg will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Use of any of the Services is subject to the following rules. You agree that, in addition to abiding by our Community Guidelines, you will not do any of the following:
If you operate an Account, post material to the Service, post links on the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, a website address, graphics, audio, video, or other files. By making Content available, you represent and warrant that:
By uploading Content or otherwise providing Content to Iceberg, you grant Iceberg the right to use (including the right to host, index, cache and format) and display your Content in connection with providing the Service as well as otherwise on the Site and our marketing communications with you and other users and prospective users of the Service, including without limitation in our emails, marketing channels and other promotional materials (subject to the requirements set out in the Privacy Policy). To the extent we use your Content in our marketing communications, unless you expressly permit us to do otherwise, we will always cite you as the owner of such Content. This paragraph will survive the termination or expiry of the Terms.
By uploading Content or otherwise providing Content to Iceberg, you grant authorize Iceberg to share your Content with organizations hosting competitions on the Service ("Event Managers") which you have chosen to enter, and the right for Event Managers to use and display your Content in connection with the competition's ("Event") hosted on the Service as well as otherwise on their own websites and marketing communications with you and other users and prospective users of the Service, including without limitation, public, private, and paid exhibitions of the Content both offline and online, as well as use in emails, marketing channels and other promotional materials (subject to the requirements set out in the Privacy Policy). To the extent Event Managers may use your Content in their marketing communications, unless you expressly permit them to do otherwise, they will always cite you as the owner of such Content. This paragraph will survive the termination or expiry of the Terms.
Iceberg reserves the right to refuse or remove any Content or terminate or deny access to your use of the Service for any reason whatsoever. Please read the Community Guidelines for rules and advice on what types of Content and uses of the Service are appropriate at Iceberg.
All Content uploaded are copyright © their respective owners.
If you delete Content, Iceberg will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Iceberg collects payments from entrants which are remitted to Event Managers hosting Events on the Iceberg platform.
Entrants pay Iceberg to create an order, using Iceberg's checkout process. Iceberg partners with payment processors ("Payment Services Providers") for purposes of collecting all payments from Entrants, and transferring such payments from Entrants to Event Managers with an Event hosted on the platform. All payments services in connection with the collection of funds on the Iceberg platform are performed by Iceberg’s Payment Services Providers.
Iceberg serves as Event Managers’ limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Entrants, and remitting those payments to Event Managers. Entrant’s payment obligation to Event Managers will be satisfied upon receipt of payment by Iceberg (or its Payment Services Provider, as applicable), and Iceberg (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Event Manager in the manner described in these Terms of Service. In the event that Iceberg (via Payment Services Provider) does not remit any such amounts to Event Manager, Event Managers will have recourse only against Iceberg and not the Entrant directly.
For offline invoices, the Entrant is responsible for ensuring payment is received directly by the Event Manager before offline invoicing deadlines for payment have expired. If an offline invoicing deadline has not been explicitly stated, it will be the date the call for entry period expires. Entries associated with orders which have not been paid by the deadline may not be included in the Event.
To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, payment information in connection with withdrawals is collected by either Iceberg or Iceberg’s Payment Services Providers. Payment Services Providers may also collect such other information as necessary for proposes of processing purchases. Iceberg is not exposed to the payment information provided to Payment Services Providers, and this information is subject to the privacy policy applicable to the Payment Service Provider. Please see our Privacy Policy for more information.
By using any payment method and/or providing payment details for making purchases on Iceberg, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on the Service; and (d) such actions do not violate any applicable law.
Contesting charges will result in the account and organization associated with it being permanently banned from Iceberg.
Entrants may make payments on the Service in several different currencies. Unless stated otherwise, you will be charged in the currency displayed on the payment page. All currency exchange services in connection with payments and withdrawals in local currencies are performed by Iceberg’s Payment Services Providers.
Entrants may be charged with indirect taxes (such as Sales Tax, VAT or GST) depending on their residency, location and any applicable law, in addition to the price shown on the site, and, in any event, any such taxes will always be displayed to the Entrant before payment.
Entrants agree that they are responsible to comply with all tax requirements applicable to them, including but not limited to any obligation to deduct or withhold taxes. It is hereby clarified that all prices and fees that appear on the Service are the net amounts that will be paid following any direct or indirect taxes, levy, withholding tax and/or deductions.
Iceberg does not automatically refund payments made for cancelled orders back to your payment provider. Refunds may be requested before an Events call for entry period has elapsed. Refunds that are the result of a request from the Entrant and not the result of an Iceberg platform technical error, may be subject to an additional fee. Refunds for cancelled orders may be processed by the Event Manager, if the Event's balance has been remitted.
User who have been invited to judge or moderate ("Judge") an Event on the Iceberg platform must create an Account. Accounts created for the purpose of creating an Entry in a competition, can be used for Judging as well, without necessitating the creation of a new account. You agree that, in addition to abiding by our Privacy Policy, you will not do any of the following:
You acknowledge that the score listed on the Iceberg website accurately reflects your submitted score, and that it is your sole responsibility to make any changes to your score, and scores may not be changed after a scoring round has expired. You agree not to hold Iceberg responsible for any disruptions in the Service in unavailability.
Judges and moderators are not entitled to confidentiality. Evaluation data, including participation and scores may be shared with Event Managers.
Event Managers may use Content submitted to the Service on their own websites and marketing communications, including with Entrants and other users and prospective users of the Service, including without limitation, public, private, and paid exhibitions of the Content both offline and online, as well as use in emails, marketing channels and other promotional materials (subject to the requirements set out in the Privacy Policy). To the extent Event Managers may use Content submitted by Entrants in their marketing communications, unless they must always cite the Entrant as the owner of such Content. This paragraph will survive the termination or expiry of the Terms.
Iceberg can collect taxes on behalf of Event Managers for Events hosted on the Iceberg platform. Event Managers take full responsibility for all taxes and fees of any nature associated with the Service, including any sales tax related to any purchase or sale of services or goods under the Terms. When using the Service, it is your responsibility to determine whether or not sales taxes apply to a transaction and to collect, report and remit the correct amounts to the appropriate authority.
Taxes collected on behalf of Event Managers on the Iceberg platform are not excluded from transaction fees.
If offline invoicing has been enabled for an event, the Event Manager is solely responsible for collecting entry fees associated with offline invoicing orders.
You take full responsibility for all taxes and fees of any nature associated with the Service, including any sales tax related to any purchase or sale of services or goods under the Terms. When purchasing or selling services or goods under the Terms, it is your responsibility to determine whether or not sales taxes apply to a transaction and to collect, report and remit the correct amounts to the appropriate authority.
Event Managers are responsible for any balance adjustments and transaction fees and penalities associated with chargebacks received after receiving their remittance. If arrangements are not made to reimburse Iceberg for chargebacks, Iceberg may:
Entrants and organizations associated with contested charges or chargebacks may be banned from the Service permenantly or until the balance of the chargeback and any transaction fees and penalties is paid in full.
Iceberg may charge any of the types of fees listed below, based on an Event Managers agreement to use the Service:
The balance of fees collected on behalf of Event Managers for an Event hosted on the platform, minus fees and any applicable credits ("Remittance") will be paid to Event Managers within 30 days of the final entry payment. Remittance will be made in a single lump sum transfer, either as a cheque or direct bank-to-bank transfer.
Remittance is calculated using total sales and taxes collected by the Service on behalf of the Event Manager for the Event, after deducting any applicable Setup Fees, Entry Fees, Transaction Processing Fees, Supplemental Service Fees, and any outstanding balance attributed to the Event Manager from a previous Event held with the Service, and any taxes Iceberg is obligated to charge for use of the Service.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Iceberg links, and that link to Iceberg. Iceberg does not have any control over those non-Iceberg websites and webpages, and is not responsible for their contents or their use. By linking to a non-Iceberg website or webpage, Iceberg does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses and other harmful or destructive content. Iceberg disclaims any responsibility for any harm resulting from your use of non-Iceberg websites and webpages.
All material available on the Service and all material and services provided by or through Iceberg, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws.
You agree that any ideas, suggestions, concepts, processes or techniques which you provide to Iceberg related to the Service or Iceberg or its business (“Feedback”) are and will be Iceberg’s exclusive property without any compensation or other consideration payable to you by Iceberg, and you do so of your own free will and volition. Iceberg may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative Iceberg may decide into the Service or its business or other products. You hereby assign all rights on a worldwide basis in perpetuity to Iceberg in any Feedback and, as applicable, waive any moral rights.
For the purposes of the Terms and the Privacy Policy, “Personally Identifiable Information” is any information about an identifiable individual, as defined in our Privacy Policy.
Iceberg retains the right to use or share any Aggregated Data generated by anyone using the Service, including our users, for the purpose of enhancing and providing the Service. “Aggregated Data” means data that does not contain Personally Identifiable Information and which has been manipulated or combined to provide generalized, anonymous information. Where you choose to utilize or connect certain services from third parties with the Service, you agree that Iceberg may share your data with such designated third parties. You are still responsible for any and all Personally Identifiable Information that is part of any Content.
Iceberg reserves the right, at its sole discretion, to modify or replace any part of the Terms. It is your responsibility to check the Terms periodically for changes. Your continued use of or access to the Service following the posting of any changes to the Terms constitutes acceptance of those changes. Iceberg may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the Terms.
Iceberg may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate the Terms or your Account (if you have one), you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
If Iceberg, in its sole discretion and without notice, considers that there is an immediate security or operational risk to the Service, any of its, your or a third party system, then Iceberg may immediately suspend access to or use of the Service. The suspension of use and access is not a breach of the Terms. You acknowledge that the preservation of security, confidentiality and data is paramount. Iceberg has no liability to you for suspending the Service under this provision.
Your use of the Service and all Content forming part of or related to the Service, including any Content you upload or submit and any third party software and Content, are at your sole responsibility and risk. The Service are provided on an “as is” and “as available” basis. Iceberg expressly disclaims all representations, warranties, or conditions of any kind with respect to the Service, whether express or implied, including, but not limited to, any implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, performance, system integration, quiet enjoyment, title, and non-infringement.
The service is offered and controlled by Iceberg from its facilities in Canada. Iceberg makes no representations that the service is appropriate or available for use in locations other than Canada and the United States. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. We handle complaints of copyright infringement in accordance with our Copyright Policy.
You agree that, under no legal theory, including, but not limited to negligence, breach of warranty or condition, breach of contract or tort, will Iceberg or its owners, officers, directors, affiliates, contractors, employees or agents, be liable to you or any third party acting on your behalf for any indirect, incidental, special, consequential, punitive, or exemplary damages or damages for loss of profits, goodwill, use, data, or other intangible losses or the cost of any substitute equipment, facilities or services (even if Iceberg has been advised of the possibility of such damages), arising from or relating to the Terms or your use of or your inability to use the Service, or for any damages arising from or related to the Terms. Iceberg’s total aggregate liability from any and all claims under the Terms is limited to the total amounts you paid to Iceberg in the one (1) year immediately preceding the occurrence of loss or damage. To the extent any province, state or jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, Iceberg's liability in such province, state or jurisdiction will be limited to the furthest extent permitted by law. Notwithstanding the foregoing or anything else herein to the contrary, Iceberg will not be liable to you or any third party acting on your behalf in any way with respect to a trial program or your provision of an individual’s personal information to Iceberg or through the Service. You further agree that the foregoing limitations will apply with respect to third party liability of any kind.
The foregoing limitations will also apply with respect to any damages incurred by reason of any content or services provided on any third party sites or otherwise provided by any third parties other than Iceberg and received by you through or advertised on the Service or received by you on any third party sites. You also agree that Iceberg will not be responsible or liable for any loss or damage of any kind incurred as the result of any interactions or dealings with advertisers or as the result of the presence of such advertisers on the Service.
With respect to any dispute arising out of or related to the Service and/or the Terms: (i) you hereby expressly give up your right to have a trial by jury; and (ii) you hereby expressly give up your right to participate as a member of a class of claimants, in any lawsuit including but not limited to class action lawsuits involving any such dispute.
You agree that you will not bring a claim under or related to the Terms more than one (1) year from when your claim first arose.
You represent and warrant that (i) your use of the Service will be in strict accordance with the Terms, the Privacy Policy, the Community Guidelines and all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the Canada or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify, defend, and hold harmless Iceberg, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives (together, the “Indemnified Parties”), from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) (collectively and individually, “Claims”) incurred by or made against the Indemnified Parties in connection with any Claims arising out of or relating to the Terms, the Service, including but without limitation in relation to: (a) your use, non-use or misuse of, or connection to the Service and any Content; (b) your violation or alleged violation of the Terms; and (c) your violation of any rights, including intellectual property rights, of a third party and otherwise as set out herein. Iceberg reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Iceberg and you agree to cooperate with Iceberg's defense of these Claims. You agree not to settle any matter without the prior written consent of Iceberg. Iceberg will use reasonable efforts to notify you of any such Claims upon becoming aware of it.
If there is any dispute between you and Iceberg about or involving the Terms, the Service, you hereby agree that the dispute will be governed by and construed in accordance with the laws of the Province of New Brunswick, Canada, without regard to its conflict of law provisions.
Except for any claim involving the ownership of intellectual property, all disputes arising out of or in connection with the Terms will be referred to and finally resolved by arbitration under the rules of the New Brunswick International Commercial Arbitration Act. The place of arbitration will be Moncton, New Brunswick, Canada. The language of the arbitration will be English.
If any portion of the Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, the Terms as a whole will not be deemed unlawful, void or unenforceable, but only that portion of the Terms that is unlawful, void or unenforceable will be stricken from the Terms.
You agree that the Terms are specifically enforceable by Iceberg through injunctive relief and other equitable remedies without proof of monetary damages.
You agree that if Iceberg does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Iceberg has the benefit of under any applicable law), this will not be taken to be a formal waiver of Iceberg's rights and that those rights or remedies will still be available to Iceberg.
The Terms are the entire agreement between us related to the subject matter in the Terms. The Terms replace and supersede any other prior or contemporaneous agreement, representation or discussion, oral or written, and may not be changed except in writing signed by us, regardless of whether or not the parties act under an unsigned “electronic” agreement or rely on such an unsigned agreement.
You may contact Iceberg by email at hello@icebergapp.com or by mail at 142 Cameron Street, Moncton, New Brunswick Canada.
