July 19, 2009This ICQ Web site may contain tools made available to users on or through the ICQ Web site ("Tools"). These Tools include, but are not limited to the ICQ communication panels, ICQ Search Panel, ICQ Banner Exchange Panel or any part thereof, and are made available by ICQ LLC. solely for the private and personal use on users' own sites. You agree not to alter, tamper, modify, distribute, duplicate or reproduce any of the ICQ Tools. Any other use or attempt to use these Tools for commercial or other purpose requires a special license from ICQ LLC., and is strictly prohibited without such license.
This service is provided on an "as is" "as available" basis and ICQ LLC. hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of accuracy, reliability, non-infringement, merchantability or fitness for a particular purpose.
Please note that the ICQ Tools as well as the ICQ Web site, network, system, service, software, servers, various directories and listings, various message and news boards, information and databases, are NOT FOR USE BY CHILDREN UNDER 13 YEARS OF AGE. If it comes to ICQ LLC.'s attention through reliable means that a registered user is a child under 13 years of age, ICQ LLC. will cancel that user's account.
ICQ LLC. does not warrant that The ICQ Tools and the ICQ Services and Information will be provided properly or completely or be available 24 hours per day, 7 days per week.
IN NO EVENT SHALL ICQ LLC. BE LIABLE TO ANY PARTY FOR (i) ANY SPECIAL, INDIRECT, 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 OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, PERFORMANCE OF THE ICQ TOOLS AND THE ICQ SERVICES AND INFORMATION, PROVISION OF OR FAILURE TO PROVIDE THE ICQ TOOLS AND THE ICQ SERVICES AND INFORMATION, LOSS OF DATA, YOUR ACCESS OR INABILITY TO ACCESS OR USE THE SERVICES AND/OR ANY OF THE ICQ TOOLS OR YOUR USE AND RELIANCE ON INFORMATION AVAILABLE ON THE ICQ SERVICES AND INFORMATION AND THE ICQ TOOLS, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED, INVASION OF PRIVACY FROM OR THROUGH THE ICQ TOOLS AND THE ICQ SERVICES AND INFORMATION, EVEN IF ICQ LLC. SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER DYSFUNCTION IN, OR DESTRUCTIVE PROPERTIES OF ANY INFORMATION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE ICQ TOOLS AND ICQ THE SERVICES AND INFORMATION OR WHATSOEVER RELATED THERETO. 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 LLC.'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
ICQ LLC. reserves the right and sole discretion to change, limit, terminate, modify at anytime, temporarily or permanently or cease to provide the ICQ Tools and the ICQ Services and Information, or any part thereof to any user or any number thereof ,without any warning for any reason or no reason.
In case of contradiction between any provision of the ICQ EULA and any provision of this ICQ Tools Notices document, the provision of the ICQ EULA shall prevail, unless the provision of this document reflects narrower responsibility on behalf of ICQ LLC. than the relevant provision of the ICQ EULA. In case of contradiction between any provision of this ICQ Tools Notices document and any provision of the ICQ Help File, the provision of this document shall prevail, unless the provision of the ICQ Help File reflects narrower responsibility on behalf of ICQ LLC. than the relevant provision of this document.
ICQ LLC. may change, from time to time, the ICQ Terms of Service including this ICQ Tools Notice. You agree that your use of the ICQ Tools and/or the ICQ Services and Information beyond a period of 30 days after a notice of such change has been provided on the ICQ network or Web site for the first time, shall constitute your consent to the new or revised ICQ Terms of Service. You should check the ICQ Terms of Service documents on a regular basis.
Any reference made in this document to ICQ LLC. shall be deemed to have been made to ICQ LLC., its subsidiaries, successors, assignees, affiliates as well as any company that controls ICQ LLC., directly or indirectly, and any other subsidiary of that controlling company.
If any part of this document is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Specific Notice for The ICQ Banner Exchange Panel
The ICQ Banner Exchange Panel, which you may place on your Web site, may contain banners linking to other users' sites, to ICQ LLC. or to any ICQ partner's Web page. ICQ LLC. may run advertisements and promotions on or through the ICQ Banner Exchange Panel. By placing the ICQ Banner Exchange Panel on your Web site, you agree that ICQ LLC. has the right, at its sole discretion, to run such advertisements and promotions. ICQ shall own all advertising inventory included in, or used in connection with the ICQ Banner Exchange Panel.
You may not : (1) Submit more than five (5) banners to the ICQ Banner Exchange Panel; (2) place any content on a banner or place the ICQ Banner Exchange Panel on any web site that is offensive, racial, discriminating, unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, infringing any patent, trademark, trade secret, copyright or any other proprietary right, may cause distress to another or is otherwise objectionable; (3) Place the ICQ Banner Exchange Panel more than once on any single Web page (4) Artificially inflate traffic counts to your Web site using any component, device, software, robot or other means. (5) place the ICQ Banner Exchange Panel on any Web page that automatically reloads, redirects to another Web page or otherwise loads without interaction from a user. (6) Submit a banner that is unrelated to your site or place the banner on a Web page that is unrelated to your Web site or to the Banner you submitted.
By transmitting, uploading, posting or submitting any information or material (collectively, the "Information") to ICQ Banner Exchange Panel you (a) represent that such Information is not confidential, secret or proprietary information belonging to someone else; and (b) warrant that no other party has rights to the Information and that your transmission, posting, uploading or submission of the Information to ICQ Banner Exchange Panel does not violate any copyright or other laws; and (c) irrevocably grant ICQ LLC., a worldwide, royalty free, non-exclusive perpetual, worldwide license to use, display, perform, distribute, modify, reproduce and publish the Information or your web site information in any form anywhere.
The ICQ Banner Exchange Panel contains third party links, including links to users' own websites. The ICQ Banner Exchange Panel is provided by ICQ only as a convenience. The linked websites are not reviewed, controlled or examined by ICQ and ICQ is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of any submitted banner to the ICQ Banner Exchange Panel does not imply endorsement of the linked site by ICQ. In no event shall ICQ be liable to anyone for any damage arising from or occasioned by the creation or use of the third parties' websites or lists or the information or material accessed through these websites or lists.
ICQ reserves the exclusive right and sole discretion to add, decline or remove, any website, banner, icon or link to a website, from the ICQ Banner Exchange Panel, at any time, without notice, for any reason or no reason, including without limitation, for conduct that violates local, state or federal laws or regulations, this Tools Notice or the ICQ Terms of Service, or material that ICQ LLC., in its sole discretion believes is harmful to others, the business of ICQ LLC. or other third parties information or service providers.