Welcome! ICQ LLC (
“ICQ”) enables third party developers to develop various ICQ Xtraz applications for use through certain ICQ software (
“Third Party Applications”). The use of such Third Party Applications is subject to the terms of use below. Please read them carefully. If you do not agree to the terms of use below then please do not download, install or use the Third Party Applications.
Terms of use
- Third Party Applications have been created by third party developers and not by ICQ. They are provided to you by ICQ as a convenience only. ICQ is not responsible for the availability, accuracy, reliability, validity, completeness, currentness, quality, performance, of any such Third Party Application. The offering of Third Party Applications does not imply endorsement of any such Third Party Application by ICQ. Use of a Third Party Application is at your own risk.
- Third Party Applications that you download and use may access certain information available through your ICQ software. Such information includes your list of friends and their details and the information you have made available in your user profile (except for your and your friends email address and phone numbers). Please click here for more information regarding the information a Third Party Application (and developer) can access. By using any Third Party Application you explicitly agree to disclose such information to the Third Party Application and Third Party Application developer. Certain Third Party Application developers may require that you agree to there own terms of use and privacy policies. We urge you to read such terms as they may provide the developer a wider scope of use of your user information.
- ICQ reserves the exclusive right and sole discretion to add, change, modify, decline, disable or remove, without notice, any Third Party Application from this gallery or from the ICQ services in general, including from the ICQ software version downloaded on your computer.
- THIRD PARTY APPLICATIONS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. ICQ MAKES NO AND HEREBY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, NON INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. YOU UNDERSTAND AND AGREE THAT USE OF THIRD PARTY APPLICATIONS IS AT YOUR OWN RISK.
- IN NO EVENT WILL ICQ BE LIABLE TO ANY PARTY AND YOU HEREBY IRREVOCABLY RELEASE AND AGREE TO HOLD HARMLESS ICQ (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THIRD PARTY APPLICATIONS EVEN IF ICQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; (ii) FOR ANY CLAIM ATTRIBUTABLE TO DELAYS, ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY INFORMATION DELIVERED TO THIRD PARTY APPLCIATIONS; (iii) FOR THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART OF ANY USER INFORMATION, FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION; OR (iv) IF ANY MATERIALS INFECTS OR CONTAMINATES A USER'S SYSTEM OR INFORMATION. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ICQ 'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
- You agree that your use of any Third Party Application through the ICQ Services is subject to the ICQ Terms of Use available on www.icq.com/legal. With respect to use of any Third Party Application, if there is a contradiction between the ICQ Terms of Use and these Open Xtraz Terms of Use, these Open Xtraz Terms of Use shall prevail.
- ICQ or the relevant Third Party Application developer owns all intellectual property in the Third Party Applications including without limitation any and all patent, copyright, trademark, trade secret and other proprietary rights. You agree not to remove or alter ICQ's or any Third Party Application developer’s copyright notice, trademarks, or other notices contained within any Third Party Application. You agree not to reverse engineer, decompile, disassemble, alter, duplicate, make copies, or create derivative works from any Third Party Application.
- ICQ may modify this Agreement at any time with or without notice. You agree to assume the responsibility for reviewing this Agreement at http://www.icq.com/legal frequently for updates or changes. If a modification is not acceptable to you, you may cease using the third party application. If you continue to use the third party application after the Agreement has been modified, you will be deemed to have accepted the modifications. If you do not agree to the modifications of this Agreement, do not continue to use the third party Application. ICQ encourages you to review the online version of the Agreement frequently to ensure that you are aware of any modifications to your rights or obligations.
- This Agreement and the Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, excluding its conflicts-of-law rules. Please note that your use of the ICQ Services may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with ICQ or relating in any way to your use of a Third Party Application or the ICQ services in general resides in the courts of Virginia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Virginia in connection with any such dispute including any claim involving ICQ or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
