This is the part where I tell you to be good and that it really bites the big one if you are bad. As this is basically a download only site it is pretty hard to be bad. However there is copy write issues and business issues involving licensing that have to be addressed so here goes.

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Please read these terms of sale carefully.

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-You will be asked to expressly agree to these terms of sale before you place an order for products from our website.

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-In these terms of sale, “we", "us", and "our” means Myicechi and “you" and "your” means our customer or potential customer purchasing our products.

 

-You confirm and guarantee that:

--(a)you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;

--(b)the information provided in your order is accurate and complete; and

--(c)you will be able to accept delivery of the products.

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-The advertising of products on our website constitutes an “invitation to treat”; and by ordering any of our products therefore constitutes as a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

In order to enter into a contract to purchase products from us, you will need to take the following steps:

--(a) you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout;

--(b) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details

--(c) once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these terms of sale

--(d) depending on which payment preference you choose and PayPal will handle your payment

--(e) we will then send you an initial acknowledgement

--(f) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

 

-We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.

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-The only language in which we provide these terms of sale is English.

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-You will have the opportunity to identify and correct any errors you may have made before placing your order for the product you have chosen

 

-All of the products offered on the Myicechi website are of a down loadable digital format and are offered in either JPeg or in some cases but not in all cases the RAW format. Availability of the available format and file size will be visible on the website and listed in either the "products" page or the "Shop" page where you purchase the available products from.

-We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

-We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

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-Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.​

-Prices for products are quoted on our website. Due to the large number of products on this website it is always possible that some of the prices on the website may be incorrect. As part of our sale procedures we will verify the price so that a product's correct price will be stated when you pay for the product.

-A full payment is required upon the placement of your order. If the full price (which includes all applicable taxes) has not been cleared Myicechi may withhold the product/s and/or cancel the contract between us until the obligation of the customer if fulfilled.

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-Any payment for any product/s must be made using PayPal OR any other  method available at the time of purchase. 

-Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.

 

-You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

-THE SITE IS PROVIDED “AS IS” AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED ON THE SITE. FURTHER, YOU EXPRESSLY UNDERSTAND THAT WE MAKE NO REPRESENTATIONS THAT INDIVIDUALS USING THE SITE ARE WHOM THEY PURPORT TO BE. WE HAVE NO CONTROL OVER, AND ACCEPT NO RESPONSIBILITY FOR, ANY CONTESTS OR ACTIONS OF ANY THIRD PARTY. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SITE AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY AND COMPLETENESS OF INFORMATION YOU RECEIVE THROUGH THE SITE.

 

-We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

 

-You must immediately contact us and provide the full details of your claim if you decide to dispute any payment you have made to Myicechi. Should you submit an unjustified credit card, debit card or other charge-back then you will be held liable to pay Myicechi within 7 days following the date of the charge-back which may or may not include:

--(a)the amount that is equal to the amount of the charge-back

--(b) any and all third party expenses incurred by Myicechi in relation to the charge-back (these can/will include any charges made by our bank or your bank or by any payment processor or card issuer)

--(c) an administration fee of $50.00 CAD

--(d) all of the reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees).

-Without prejudice to our other rights, we may send you a written notice of termination of any contracts between Myicechi and you, if you should submit an unjustified credit card, debit card or other charge-back. 

-For the avoidance of doubt, if you fail to recognize or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back with or without first contacting us to clarify the entry and providing an opportunity to resolve and/or solve the issue, this will constitute as an unjustified charge-back.

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-All product purchases are down loadable digital files and are sent as a link via email to the registered account holder or can be downloaded at any time via your Account in the Transactions page.

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-You agree that you do not take ownership of the product until

--(a)you have received the product

--(b) we have received the full payment for all products 

--(c) we are entitled to recover payment for the products even where ownership has not passed to you

--Until ownership of the products has passed to you, you will possess the products as our fiduciary agent and bailee, and if you are a business customer you must store the products separately from other goods and ensure that the products are clearly identifiable as belonging to us.

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-You agree that due to the nature of our product that it cannot be returned once downloaded.

-You agree that once you take ownership of a product that it cannot be returned for a financial reimbursement

-The customer must provide irrefutable proof that the downloaded file was corrupted and/or defective upon downloading the digital product within 7 days of receiving the download.

-Myicechi will provide the customer/business owner with a backup copy of the file for downloading to replace the defective copy every effort will be made to mitigate the concern. If this is not possible the customer or consumer will contact us via email to discuss a solution to resolve the issue within 7 days of receiving their product.

-If for any unforeseen reason that a file that has been permanently destroyed or become unavailable due to a major event beyond our reasonable control our obligations will be suspended for the duration of the major event

-A major event can be a power failure, theft, fire, war, floods,disasters, civil riots,governmental regulations, terrorist events, or a third party event causing a disruption of service

-If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of sale.

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-This Section applies to business customers, not consumers.

--Products may only be returned to us with our prior agreement, at your expense, and according to our directions. Any products returned in contravention of this Section will not be the subject of any refunds or replacements and you will continue to be liable for payment of the price of such products.

Where you return products to us in accordance with the provisions of this Section, and in our reasonable opinion those products do not conform with the warranties set out as mentioned above then you will be entitled to replacement products (where replacements are available) or, where we agree, a refund of the price paid in respect of those products (including all delivery charges

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Limitations and exclusions of liability

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-Nothing in the terms of sale will

--(a) limit or exclude the liability of a party for death or personal injury resulting from negligence

--(b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party

--(c) limit any liability of a party in any way that is not permitted under applicable law

--(d) exclude any liability of a party that may not be excluded under applicable law.

-If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of sale.

 

The limitations and exclusions of liability set out in this Section [and elsewhere in the terms of sale]

(a) are subject to the preceding paragraph

(b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

--We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

--If you are a business customer, we will not be liable to you in respect of any loss or corruption of any data, database or software.

--If you are a business customer, we will not be liable to you in respect of any special, indirect or consequential loss or damage.

--If you are a business customer, you hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms of sale.

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-We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if you fail to pay, on time and in full, any amount due to us under the contract, or commit any material breach of your obligations to us under the contract.

-If you are a business customer, we may cancel a contract to supply products made under these terms of sale if:

--(a) you cease to trade;

--(b)you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;

--(c)a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;

--(d)the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or

--(e)any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors.

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-Upon the cancellation of a contract

--(a)we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

--(b)you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and

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-These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.

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-We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms of use.

-Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

-If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

-No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.

-You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under these terms of sale.

-Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

-These terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.

-These terms of sale will be governed by and construed in accordance with English law, and the courts of Canada and British Columbia will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.

-Choice of Law/Jurisdiction. You agree that these Terms of Service shall for all purposes be governed by and construed in accordance with the laws of the Province of British Columbia, without giving effect to any choice of law provisions thereof, and that any action arising out of these Terms of Service shall be litigated and enforced under the laws of the Province of British Columbia. Further, you agree to submit to the exclusive jurisdiction and venue of the courts of the Province of British Columbia and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the Province of British Columbia.

-Waivers. No waiver of any breach of any provision of these Terms of Service shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. The failure of Myicechi to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.

-Severability. If any provision of these Terms of Service shall be declared void or invalid by a court of competent jurisdiction, such void or invalid provision shall not in any way impair the entire Terms of Service. The remaining provisions shall be construed as if not containing the provisions held to be void or invalid, and the rights and obligations of the parties hereto shall be construed and enforced accordingly. If any court with jurisdiction should determine that any provision of these Terms of Service is overbroad or otherwise unenforceable, the court may narrow or limit the provision so as to make it enforceable.

-Termination. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

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​-You must bear the risk of any liability relating to your use of the Site. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 

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-ACCORDINGLY, YOUR USE OF THE SITE IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH THE SITE, YOUR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING IN THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

-Notwithstanding the above, your exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which you paid directly to Myicechi during the current payment period.

We are not responsible for any financial or personal loss to members using their accounts for business or any other purpose for any reason including, but not limited to, server down situations (i.e. server malfunction, server crashes or software related problems) and accidental or willful deletion of member accounts and/or contents of said accounts. Images stored on our servers are for online sharing purposes and not meant for permanent or temporary archival purposes. Therefore, we are not obligated to maintain back-up copies of any material submitted or posted on the Site.​

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-You shall defend, indemnify, and hold harmless Myicechi and our affiliates, members, officers, directors, employees, consultants, agents and representatives, and their respective heirs, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorneys’ fees), relating to any acts by you or materials or information transmitted by you on or through the Site or Service.

-We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

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-We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.​

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​​-We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.​

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-If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation

--(a) to maintain any comments in confidence

--(b) to pay compensation for any comments

--(c) to respond to any comments.

-We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 

-You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

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-Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

-We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.​

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​-Account Security. Do not share your password with anyone. Your account is for you only. You are responsible for any actions taken by your account. Your submission of personal information through the store is governed by our Privacy Policy.

You understand that your content (not including credit card information), may be transferred unencrypted and involve

--(a) transmissions over various networks

--(b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

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-Headings. The headings used in these Terms of Service are for reference purposes only and do not constitute substantive matter to be considered and construed as the terms of these Terms of Service.

 

-Binding Agreement. These Terms of Service shall be binding upon you and your employees, representatives, and agents, and their respective heirs, successors and assigns and shall inure to the benefit of  Myicechi and its affiliates, successors, assigns and licensees.

-Entire Agreement. These Terms of Service and any and all other online policies promulgated by Myicechi constitute the entire agreement between us and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. Nothing contained herein will be construed to constitute either party as a partner, employee or agent of the other party, nor will either party hold itself out as such. Neither party has any right or authority to incur any warranty, liability, or obligation of any kind (express or implied) on behalf of the other party. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Force Majeure. Failure by any party to perform any obligation hereunder shall be excused if and for so long as such breach or failure to perform is caused by a force majeure event, and prompt notice thereof has been given to the other party. If any party fails to perform any duty or obligation hereunder as a result of a force majeure event, such party shall be required to fulfill its obligations hereunder within a reasonable time after the force majeure event ceases to exist.

 

-Acknowledgment. By using and/or accessing the Website, you are agreeing to comply with and be bound by these Terms of Service (the “Agreement”). This Agreement is inclusive of any operating rules, official contest rules, policies, price schedules, and/or other supplemental terms and conditions or documents expressly incorporated herein by reference and/or published from time to time. Please review the terms of this Agreement carefully. If you do not consent to this Agreement in its entirety, you are not authorized to use this Website in any manner or form.

Subject to our Privacy Policy, as a registered member you agree to receive periodic emails from us containing information about new features and service options and/or periodic information about special promotions.

---Membership or usage of the Site and service is available only to individuals who are either at least 18 years old, or at least 13 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for their conduct, and the consequences of their misuse of the Site. The Site does display photographs and images containing nudity and violence that may be offensive to some.

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The end.