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TERMS AND CONDITIONS
 
Date of latest revision: 1st May 2008
 
These Terms and Conditions govern your use of the Company's website ("ikoncity" or the "Site") and your relationship with Castletown Corporation Limited (the "Company", "we" or "us") including, but not limited to access to personal profiles, uploading of videos, photos, games and other content, messages, blogs and other features such as game creation and personalisation and competitions provided from time to time. Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use ikoncity. Where third party content, services or software are provided on ikoncity, you may be subject to further terms and conditions.
 
If you have any questions on the Terms and Conditions, please contact admin@ikoncity.com.
 
 
Ikoncity is provided so that users can enjoy its facilities and follow their ikons. Ikoncity is free to join and over time we want to build a community who enjoy creating and playing games and competitions and being part of an online community.
 
1 Use of ikoncity
 
1.1 Ikoncity is provided to you for your personal use subject to these Terms and Conditions. By using ikoncity you agree to be bound by these Terms and Conditions. Where third party software is downloaded by you in order to make use of ikoncity, you may also be subject to further terms and conditions.
 
2 Amendments
 
2.1 We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of ikoncity. Any changes will be notified to you via the last e-mail address provided by you or via a suitable announcement on ikoncity. The changes will apply to the use of ikoncity after we have given you notice of them. If you do not wish to accept the new Terms and Conditions, you should not continue to use ikoncity. If you continue to use ikoncity after the date on which the change comes into effect, your use of ikoncity indicates your agreement to be bound by the new Terms and Conditions.
 
3 Registration
 
3.1 You may use ikoncity without registering. However if you wish to build your profile, personalise your games, share with friends or benefit from its other facilities, you will need to register. All users who register will become citizens of ikoncity and will be subject to these Terms and Conditions. Some users can register as ikons, subject to approval from the administrator, or as game developers or unsigned bands.
 
3.2 To register on ikoncity you must be at least 13 years of age, as some of the content of ikoncity may not be suitable for those under thirteen. We accept no liability for the actions of persons under 13 years of age who use ikoncity. If we discover you are under 13 years of age, you will not be allowed to collect any prizes you may win and we will block your username and password. Where you are over 13 years but less than 18, you should seek the consent of your parent or legal guardian before using ikoncity. By using the Site you represent and warrant that you are eligible to be a bone fide member and will abide by these Terms and Conditions.
 
3.3 The minimum details to register are category, email address, password, name, country, date of birth and gender. You must also accept the Terms & Conditions and the Privacy Policy. All other personal details can be entered subsequently. ikoncity advises citizens not to use your real name as your citizen (user) name. We may refuse to allow you to use a name which we consider offensive or obscene.
 
3.4 You must ensure that the details provided by you on registration or at any time are correct and complete. You agree not to register for more than one user account, not to register on behalf of someone else, a group (other than an unsigned band) or other entity or to create a false identity.
 
3.5 You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.
 
3.6 By registering as a citizen you agree that ikoncity may display your citizen name, profile, comments and other personal and activity data. You can choose who to share your details with by using the 'Edit Profile Details' in your Personal Profile.
 
3.7 We reserve the right to change a citizen name, refuse registration or to suspend the registration of citizens who have already registered where we believe or become aware that any of the information provided by you is inaccurate, incomplete or uses offensive terms or expressions.
 
4 Password and Security
 
4.1 When you register to use ikoncity you will be asked to create a password. Your password is to facilitate your personal use of ikoncity only and in order to prevent fraud you must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should change it using the facility in 'Account Settings' in Personal Profile. If you have any difficulties with this you should notify us by contacting admin@ikoncity.com immediately.
 
4.2 If the Company has reason to believe that there is likely to be a breach of security or misuse of ikoncity, we may require you to change your password or we may suspend your account.
 
4.3 We reserve the right to monitor your communications with other citizens at any time.
 
5 Privacy
 
5.1 Your privacy is important to us. Our Privacy Policy explains the information we collect and what we do with it. Please take a few minutes to read it.
 
6 Intellectual property
 
6.1 The content of ikoncity is protected by copyright, trade marks, database rights and other intellectual property rights. You will not obtain any ownership of these rights by using ikoncity except for that user content which you own and post onto the Site. You may retrieve and display the content of ikoncity on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. Except for your own content and materials you may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on ikoncity without written permission from the Company.
 
6.2 ikoncity does not claim ownership in materials or content that you submit to ikoncity, but by submitting materials and content you grant ikoncity a perpetual, irrevocable, non-exclusive, fully paid, royalty-free transferable licence to use, copy, reproduce, adapt, edit and publish the same. If you remove content from the Site our license for it will expire and you agree that the Company may retain archived copies of the content.
 
6.3 User Content
 
  You are solely responsible for the content you upload or create on the Site including your profile details and images, all other photos, videos, sounds and texts, messages, notes and links. Only material and content that you create yourself or have permission of others to use, may be posted and shared on the Site.
 
6.4 Copyright Complaints
 
  The company reserves the right at its sole discretion to terminate the accounts of registered users who infringe the intellectual property rights of others. If you believe that your rights have been infringed, you should contact us at admin@ikoncityhall.com setting out as much detail as possible.
 
7 Provision of ikoncity by us
 
7.1 ikoncity allows you to create and play games and competitions, to receive email alerts and newsletters about ikons or other information that we think may be of interest to you, to upload your photos, videos and games, and to use messaging and blogs.
 
7.2 The Company warrants that it has the right to provide the goods and services provided via ikoncity and will use all reasonable skill and care in making ikoncity available to you and in ensuring its availability. The Company will take reasonable steps to ensure that any software it provides as part of ikoncity is virus free. Due to the number of sources from which the Company obtains the content for ikoncity and because of the nature of the internet, errors and omissions do occur and the Company does not give any other warranties in respect of the content and services available via ikoncity.
 
7.3 The Company is continually seeking to improve ikoncity. The Company reserves the right, at its discretion, to make changes to any part of ikoncity and the services and content available via ikoncity.
 
8 Your use of ikoncity
 
8.1 You may not use ikoncity for any of the following purposes:
 
  8.1.1 disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
 
  8.1.2 transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any applicable laws, regulations or code of practice;
 
  8.1.3 interfering with any other person's use or enjoyment of ikoncity; attempting to use another person's account, soliciting passwords or personal information or exposing them to any harm.
 
  8.1.4 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;
 
  8.1.5 publishing or transmitting any material that contains or may contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt software, hardware, telecommunications, networks, servers or other equipment; or
 
  8.1.6 sending 'spam', chain letters, junk mail, solicitations (commercial or non-commercial) or bulk communications of any kind unless the recipient has given specific permission to be included in such a list.
 
8.2 You may not frame ikoncity and you may not alter or modify any content on ikoncity.
 
8.3 You are solely responsible for materials you submit to ikoncity and any actions performed through your registration. You will be responsible for our losses and costs resulting from your breach of this clause 8. To read the ikoncity policy on uploading of content click here
 
8.4 You may not upload or make available any videos other than those of a personal nature including yourself or your friends or band with material created by yourself, your friends or band.
 
8.5 You may not upload or make available any personal or private information about any other person including their address, email address, phone details, financial or social security information.
 
8.6 You acknowledge we do not as a matter of course pre-screen or verify any material that you or other citizens post on ikoncity. We reserve the right to remove any material from the website that, in our absolute discretion, is considered to have inappropriate or objectionable content or breaches these Terms and Conditions.
 
9 Games
 
9.1 The company provides arcade style games, puzzles and quizzes/trivia ('Games') for citizens and visitors to play.
 
9.2 While the Company tries to ensure its Games on ikoncity are correct, error-free reputable and of high quality, it does not make any warranties or guarantees in relation to the accuracy, content, suitability or fitness for purpose. If the Company is informed of any inaccuracies in our Games on ikoncity we will attempt to correct the inaccuracies as soon as we reasonably can.
 
9.3 The Company reserves the right to cancel or suspend a Game should a virus, bug or worm be discovered or there is a communications or server failure or for any other reason the Company thinks relevant.
 
9.4 All Games will be subject to these Terms and Conditions as well as Game specific terms and conditions and rules of play ('Rules') which will be attached to each Game, and which users will be required to accept before playing. These Rules may be initiated by the Company on its own behalf or on behalf of an ikon, or by individual citizens who may create and set their own Rules and competitions.
 
9.5 The Company reserves the right to alter Game terms and conditions or rules at its complete discretion and its decisions over disputes and complaints will be final.
 
10 Competitions
 
10.1 The Company may from time to time provide competitions and sweepstakes on ikoncity which citizens may enter in order to try to win prizes provided by ikoncity, ikons or related third parties.
 
10.2 All competitions will have separate terms and conditions and we reserve the right to amend these at any time. If a citizen enters a competition, they will be subject to the rules of that competition. The Company's decisions over disputes and complaints will be final.
 
10.3 We reserve the right to remove a competition from ikoncity at any time and without liability to a citizen should any of the Games develop a bug, worm, or virus, or for any other reason that we may deem necessary.
 
10.4 Prizes offered in competitions are not guaranteed by the Company as they are provided mainly by other parties. The Company will use all reasonable means to ensure that prizes won are delivered to winners, but where the provision of prizes is deemed by the Company to be uneconomic or impractical, the Company may substitute them at its complete discretion.
 
10.5 Competition rules may prevent certain citizens from entering or claiming prizes.
 
10.6 Prizes for some competitions may vary according to the number of entrants. Where the number of entrants falls below the minimum set by the Company, the competition may be cancelled or the prize withdrawn or reduced.
 
10.7 Results and winners of competitions will be posted on the Game site shortly after completion. Where prizes are substantial, the Company reserves the right to verify the accuracy of the scores to ensure that they have all been fairly achieved. In these circumstances the results will be announced within 5 working days of completion.
 
10.8 Where prizes are substantial, competition rules may require that winners allow their personal details to be used by the Company or associated sponsors and third parties for publicising the event and subsequent advertising and promotion.
 
10.9 Cheating in competitions, games and quizzes will not be tolerated by the Company. Any citizen suspected of cheating may have their registration suspended or terminated and any points accumulated removed.
 
10.10 Upon discovery of faulty code that permits one player to accumulate more points than another, ikoncity reserves the right to reset all player scores back to zero.
 
10.11 The Company will make reasonable endeavours to record all scores or points accumulated by a citizen. In the event that scores or points are lost and cannot be recovered, the Company shall not be held liable for such loss.
 
11 Orders: prices and payment
 
11.1 If you want to purchase goods from ikoncity your order is an offer to buy from us. There will be no contract of any kind between you and us unless and until we actually dispatch the goods to you. In the case of virtual goods, dispatch shall be made once the item has been made available for use by you. At any point up until then, we may decline to supply the goods to you without giving any reason. At the moment that the goods are dispatched, a contract will be made between you and us, and you will be charged for the goods.
 
11.2 The prices payable for the items that you order will be clearly set out on ikoncity. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price provided that we notify you before we dispatch the item concerned.
 
11.3 All prices are expressed inclusive of any VAT or other sales taxes, duties and tariffs where payable unless otherwise stated.
 
11.4 Your credit/debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of placing your order.
 
11.5 If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you except to ensure that you are not charged for that item.
 
12 Delivery
 
12.1 Delivery will be made to the address specified by you on the completed order form. Where there are regions to which we are unable to deliver goods, these will be specified on the page of ikoncity which displays the terms which apply to the purchase.
 
12.2 Delivery times will be agreed with you at the time of placing your order. All goods must be signed for on delivery by an adult aged 18 years or over. Whilst we make every effort to deliver all your goods in the agreed time, we will not be liable if we fail to do so in part or in full due to circumstances beyond our control.
 
13 Returns
 
13.1 We hope you will be happy with items that you purchase from ikoncity. However, should you feel it necessary to return an item you purchase from ikoncity, you may cancel the contract for their purchase by contacting admin@ikoncity.com within seven working days of delivery of the items to you, except where the item is a download and we have already begun to make the download available to you. For example, you are not able to cancel the purchase of a game after it has been made available to you. You should return returnable items to us in secure packaging to Castletown Corporation Limited, Farr Farrington, Langley Road, Chipperfield, Herts. WD4 9JP.
 
13.2 You will be responsible for the cost of returning any item to us unless the item is defective or we have delivered the item to you in error or as a substitute. The item should be returned to us in its original condition. If we do not receive the item back from you we may arrange for collection of the item from you at your cost.
 
13.3 Subject to 13.1, when we receive notice of cancellation of your contract for any item, we will refund the price paid by you for that item or at your request if the item is defective will repair the item or supply you with a replacement item. We will not refund the delivery charge for sending the item to us unless you are returning an entire order.
 
14 Cancellation and changes prior to delivery
 
14.1 You can cancel or change any of your current orders prior to dispatch by contacting admin@ikoncity.com
 
15 No Commercial Use
 
15.1 To use ikoncity you must be a natural person. ikoncity is available for non-commercial and domestic use only. You may not re-sell any part of the service or content provided via ikoncity without the prior written consent of the Company.
 
15.2 You may not use ikoncity to solicit business or advertise products on ikoncity as a citizen.
 
16 Cancellation and Termination
 
16.1 We may suspend or cancel your registration or use of the Site at any time at our sole discretion or if you breach any of your obligations under these Terms and Conditions.
 
16.2 You can cancel your registration at any time by emailing us at remove@ikoncity.com , and by typing the word 'remove' in the subject line. If you cancel your registration you will no longer be able to create and play personalised games, enter competitions, challenge friends, use messages and blogs, receive news from your favourite ikons or use any of the other benefits reserved only for registered citizens.
 
16.3 The suspension or cancellation of your registration and your right to use ikoncity shall not affect either party's statutory rights or liabilities.
 
16.4 Your registration to ikoncity may be terminated by written (email) notice if you are in material breach of this agreement and the breach is not remedied within the period of 14 days after written notice of the breach has been given to you. If we reasonably believe your breach of these Terms & Conditions affects our lawful operation of ikoncity or third party customers we may suspend your access to ikoncity at any time.
 
17 Availability of ikoncity
 
17.1 Although we aim to offer you the best service possible, we make no promise that the services and content provided via ikoncity will meet your requirements. We cannot guarantee that the services and content provided via ikoncity will be fault-free. If a fault occurs in the service you should report it to admin@ikoncity.com and we will attempt to correct the fault as soon as we reasonably can.
 
17.2 Your access to ikoncity may be occasionally restricted or suspended to allow for repairs, maintenance or the introduction of new facilities or services of for other reasons. We will attempt to restore the service as soon as we reasonably can.
 
18 The Company's liability
 
18.1 We will not be responsible for the acts or omissions of any other citizens of ikoncity, ikons, third party service or prize fulfilment providers, nor for any content provided on the site by any of them.
 
18.2 ikoncity provides content from other internet sites or resources, ikons, citizens and third parties. While the Company tries to ensure that material included on ikoncity is correct, reputable and of high quality, it does not make any warranties or guarantees in relation to that content. If the Company is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.
 
18.3 If we are in breach of these Terms & Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you make the relevant order for virtual or real goods. Our liability shall not include business losses such as lost data, lost profits or business interruption and shall not in any event exceed the actual amount paid to us. We will not be liable for any loss or distress you suffer as a result of winning or not winning a prize. You acknowledge and agree that where no fees are paid to the Company, your rights will be limited to injunctive relief only and you will not be entitled to any form of damages, whatever the cause of your action.
 
18.4 This clause 18 shall not limit or affect our liability resulting from any products sold through ikoncity being found to be unsafe or if something we do negligently causes death or personal injury.
 
19 Third Party Websites
 
19.1 As a convenience to customers, ikoncity includes links to other web sites or material which are beyond its control. The Company is not responsible for and does not endorse content on any site outside ikoncity. If you choose to access a third party site via a link from ikoncity, you do so at your own risk.
 
20 Advertising and Sponsorship
 
20.1 Parts of ikoncity may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on ikoncity complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
 
21 Applicable Law
 
21.1 These terms and conditions will be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.
 
22 International Use
 
22.1 We make no promise that materials on ikoncity are appropriate or available for use in locations outside the United Kingdom, and accessing ikoncity from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so at your own initiative and are responsible for compliance with local laws and regulations.
 
23 Suggestions/Feedback
 
23.1 You acknowledge and agree that any information provided to us by way of comments, suggestions, ideas, questions or feedback are non-confidential and will become the sole property of the Company to be used as the Company sees fit and without any acknowledgement or compensation to you.
 
24 Indemnity
 
24.1 You agree to indemnify and hold harmless the Company, its directors, officers and employees, suppliers and agents, from any liability arising from any user contact or materials or devices which you post, upload or share on the Site, or your use of the Site and its services, or your conduct, by yourself or with others, which breach these Terms and Conditions or transgress any law or the rights of others.
 
25 Miscellaneous
 
25.1 You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
 
25.2 If you breach these Terms and Conditions and the Company chooses to ignore this, the Company will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
 
25.3 The Company shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.
 
25.4 Ikoncity is owned and operated by Castletown Corporation Limited, Farr Farrington, Langley Road, Chipperfield, Herts. WD4 9JP, United Kingdom.
 
25.5 If you have any queries please contact admin@ikoncity.com.
Company Registration No. 04549003, VAT No. 832548228.
 
Date of this version: 1st May 2008
 
Original version: 1st October, 2005
 
 
 
       
 
 
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