Terms of Use

 

Thanks for visiting our website or downloading our app!  We hope you enjoy using them and the services they provide (which we'll refer to collectively as "3 Kinds of Ice").  Before you use it we ask you to read these terms carefully. They apply to your use of 3 kinds of ice (whether as a guest or registered user) and by using it you confirm you accept and agree to comply with them. If you don't, then please don't use 3 kinds of ice. 

You should also read our Privacy Policy as it forms part of our agreement with you.  It sets out how we collect personal data from or about you, and how and what we'll use it for. 

 

Attributions

Icons made by Freepik, Daniel Bruce, Yannick, Icomoon from www.flaticon.com is licensed by CC BY 3.0.

 

Accepting these terms

You accept these terms if you use our website (you're deemed to have accepted them), or you register for an account with us. They create a legally binding agreement between you and us which governs your use of 3 Kinds of Ice.  If you accept them when registering with us we grant you a non-transferable, non-exclusive licence to use 3 Kinds of Ice on your devices. This means:

  • you can use it and its content for your own personal purposes (but you don't own it or its content). You can't use it for commercial purposes without our consent.
  • you can't transfer this agreement to anyone (e.g. by selling or giving your account to them, or allowing them to use it). 
  • we may give the same or other permissions to other users.

We reserve all other rights. If you use our app then by accepting these terms you're also telling us you have the device owner's permission to install and use it on their device.  If that's you, great. If it's not, please check with them as there may be charges involved for some of our services.

 

Accessing 3 Kinds of Ice

3 Kinds of Ice is made available "as is" and free of charge. We don't guarantee it, or its content, will always be available or uninterrupted. Access is permitted on a temporary basis and we can suspend, withdraw, discontinue or change all or any part of it without notice. We won't be liable if it's not available and you're responsible for making all arrangements necessary to access it.

Where you click on a link to find out more information about a venue or an event, or where you have what we call a ticket for a venue, you may be taken to the venue or event's website or otherwise outside of 3 Kinds of Ice (please see 'Third party sites' below for more information about this). 

 

Registering and logging in

You can register and log-in using either your Facebook or email details.  In using these details you grant Facebook (as applicable) permission to share your details with us (including your name, email, address, date of birth, sex and location). Depending on your settings we may also have access to other information like your Facebook friends. If you remove us from your settings we'll no longer have access to it.

When your log-in details are used we'll assume we're dealing with you so treat them as confidential and don't disclose them to anyone.  If you know or suspect that someone knows or has access to them, change them as soon as possible.  We can block or suspend accounts if we feel you've failed to comply with these terms.

When you register we'll ask for permission to access your device's contacts (this helps us to let you know when your friends register with us, where they're going and what they like) and your location (helping us tailor what you see to where you are).

 

Using 3 Kinds of Ice and uploading content

By using 3 Kinds of Ice, and in particular any feature enabling you to comment or upload content, you agree not to: use it in any unlawful manner, or for any unlawful or fraudulent purpose; hack, insert or introduce malicious code, viruses, Trojans, worms, logic bombs, data or other harmful material into it; infringe our or our licensors' intellectual property rights; transmit defamatory, obscene, objectionable, fraudulent, offensive, deceptive, libellous, invasive, harmful, threatening, inflammatory or objectionable content through them; harvest data or information from it, or attempt to gain access to, or decipher transmission to or from, any equipment or database running it; copy it (except where such copying is incidental to the normal use of it or for back-up); rent, lease, sub-license, loan, make available translate, merge, adapt, vary or modify any part of it; make alterations or modifications to it (or any part of it), or allow any part of it to become combined with or incorporated into any other program, app or website; disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of it, or attempt to do any such thing; or provide or otherwise make it available in whole or in part in any form without our consent.

You agree not to use it in a way that: could damage, disable, impair or compromise our or a third party's systems or security, or interfere with other users; is likely to upset, harass, embarrass, alarm or annoy anyone; promotes discrimination; discloses personal data of anyone (other than any permission you give us to access your contacts); infringes intellectual property rights; breaches any legal or contractual duty; is in contempt of court; or, advocates, promotes, incites any third party to commit, or assist, any unlawful or criminal act.

You warrant (which effectively means you promise) that all contributions you make will comply with the rules above.  Remember you'll be responsible for losses or damages we suffer as a result if you breach them and we're not responsible (or liable to any third party) for the content or accuracy of content posted by you or other users. Views expressed by others on 3 Kinds of Ice don't represent our views or values.  Think about what you post – there's a line and we think you'll know if you're going to cross it.

Any content you upload will be considered non-confidential and non-proprietary so whilst you retain all your ownership rights in your content, you do grant:

  • us a non-exclusive, transferable, sub-licensable, royalty free, worldwide, perpetual licence to use, share, store and copy your content and to distribute it to other 3 Kinds of Ice users and to use it in our advertising. 
  • other users (whether registered or just browsing) a limited licence to use, share, store and copy that content within their use of 3 Kinds of Ice (such as syncing their feeds with any information visible to them through it) and to associate it with you (e.g. your name and picture).

These licences end when you delete your content or your account (unless your content has been shared with other users and they haven't deleted it). We have the right to: (i) disclose your identity to a third party who claims your content infringes their intellectual property rights or right to privacy; and (ii) remove your content if we feel it doesn't comply with these terms.

You must not attack our services via a denial or service, or distributed denial of service attack.  To do so may be a criminal offence under the Computer Misuse Act 1990 and we'll report any breach to relevant law enforcement bodies and co-operate with them (including disclosing your identity).  You must comply with technology control or export laws and regulations that apply to the devices you use. 

 

Fees and in-app purchases

Our app is free to download.  You are responsible for fees you incur in accessing and using 3 Kinds of Ice (e.g. Internet or mobile data charges) and making in-app purchases.  Any such purchases are between you and your app store so its terms (and others we highlight before you make your purchase) apply to how they're made. We recommend you read them carefully and obtain the bill payer's permission before making the purchase.

 

The data we collect

In our Privacy Policy we explain how we collect personal data from or about you, and how and what we'll use it for.  All data you provide or which we collect about you is stored on secure servers.  It may be transferred to, and stored in, destinations outside the European Economic Area (EEA).  It may also be processed by people outside the EEA who work for us or for one of our suppliers.  By submitting your personal data, or otherwise using 3 Kinds of Ice, you acknowledge and agree to this transfer, storing and/or processing.  We'll take steps that are reasonably necessary to ensure that your data is stored and treated securely and in accordance with our Privacy Policy.

Where you've given permission, we collect your location every time you log in so that we can tailor what you see to where you are. Other services may also use location data. If you give your permission, or use these services, you consent to our and third parties' transmission, collection, maintenance, retention, processing and use of your location to provide them (and to improve location-based information and services). You can withdraw your consent by turning off this functionality through your device settings. Please note, where you do so we may still collect anonymised aggregate location data to improve services or help with security. 

When you use 3 Kinds of Ice, we may collect and use technical information about your device and software. 

Our app may offer push notifications.  You can change the type and frequency of these, or turn them on or off, through the settings page of our app.

 

Who owns 3 Kinds of Ice

We own or licence all intellectual property rights in 3 Kinds of Ice and the content available through it (such as documents, text, photos, videos and code) unless otherwise stated. We reserve all our and our licensors' rights in relation to it and may transfer our rights and obligations without your permission.  Remember, ownership of content you upload remains with you, but you grant us and other users the licences described above.

You can print off one copy or download extracts of any pages from our website for your personal use, and can draw attention of others to our content.  You must not modify copies of content you print off or store.  Our status (and that of any identified contributors) as authors of content must always be acknowledged.

 

Updates to 3 Kinds of Ice

We're always keen to improve it so may release updates from time to time (e.g. to content or functionality).  Depending on the change, you may not be able to use our app until you've installed the latest update.

 

Third party sites

3 Kinds of Ice may contain links to third party sites. We don’t control them, we're not responsible for them, and we don't endorse them, their content, terms or privacy policies. You'll be responsible for any use you make of them (including the purchase of any products or services from them).

 

Sometimes things don’t work

Due to the nature of the Internet and technology, we can’t promise that use of 3 Kinds of Ice will be uninterrupted, error-free or meet your expectations. We're not obliged to fix or support it, and we're not responsible for any loss, injury or damage that you may suffer if it's not available.

Content is provided for general information and may be out of date at any time.  We're under no obligation to update it. It isn't intended to amount to advice on which you should rely. We make no representation, warranty or guarantee that 3 Kinds of Ice is accurate, complete, up-to-date, or free from errors or omissions.

 

Stopping or suspending your use of 3 Kinds of Ice

We may stop or suspend your use of 3 Kinds of Ice if you: fail to use it in the way intended or fail to install updates; use it in ways which aren't compliant with these terms, or in ways that breach any law or regulation. Remember, it is our view of whether you comply or not that is important, and we won't tolerate material that we feel breaches these terms.

If we do stop or suspend your use of it, if we're able to we'll tell you and you must immediately stop using it (and uninstall our app if you have it). You'll lose benefits, privileges and items obtained or purchased through your account.  Content you upload may remain in 3 Kinds of Ice and our users rights to use it will be as set out above. We'll not offer you compensation for losses or unused items at the time we stop or suspend your use.  The same applies where you choose to stop using it.

 

Our liability to you

3 Kinds of Ice is provided “as is” and we have no liability for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of or inability to use it; use of or reliance on any content displayed on it; any virus, distributed denial-of-service attack, or other technologically harmful material that infects your equipment, programme or data due to your use of it; any content from websites linked to from it. We don't guarantee that it will be secure or free from bugs or viruses.

All promises, warranties, representations, conditions and other terms of any kind implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from our agreement with you.

Except as set out in the paragraph above, if you're a:

  • business note that we, our employees, agents and sub-contractors aren't liable for: loss of profits, business, business opportunity, goodwill, reputation, sales, revenue or anticipated savings; business interruption; loss or corruption of data; or any indirect or consequential loss or damage.
  • consumer remember 3 Kinds of Ice is for domestic and private use only.  You agree not to use it for commercial or business purposes, and we've no liability to you for loss of profit or business; business interruption; or loss of business opportunity.

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, fraud or any other liability that cannot be excluded or limited by English Law, or affects any rights you may have as a consumer.

Except as set out in the paragraph above, our maximum aggregate liability in contract, tort, or otherwise (including liability for any negligent act or omission) arising out of or in connection with the performance of our obligations under these terms in respect of any one or more incidents or occurrences shall be limited to £100.

 

Changes to these terms

We may change these terms from time to time so check the legal information section of our website or app regularly. We may require you to read and accept any changes before continuing to use your account.

 

About Us

We're Spotnight Limited, a company registered in England and Wales (company number 09033447). Our office is 9th Floor, 107 Cheapside, London, EC2V 6DN. Our VAT number is 192 0151 35. You can contact us at info@3kindsofice.com. We don't guarantee direct responses to queries.  When contacting us we strongly recommend you don't email us confidential or personal information. If you do, it's at your own risk.

 

Law

If you're a consumer these terms, their subject matter and formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However if you're resident in Northern Ireland you can bring proceedings in Northern Ireland. Equally if you're resident in Scotland, you can bring proceedings in Scotland.

If you're a business these terms, their subject matter and formation (and non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.