Welcome! BY USING SOFTWARE, APPLICATIONS, PLUG-INS, SERVICES AND UPDATES OF THE MOBILE VERSION OF THE ICQ INSTANT MESSENGER AND OR OTHER ICQ SERVICES (the "Application") YOU ARE SIGNIFYING ELECTRONICALLY THAT YOU AGREE TO ABIDE BY THE FOLLOWING TERMS ("Agreement"). The Application is provided "AS IS" by ICQ LLC, its affiliates and suppliers ("we" or "us") and made available through distributors such as Microsoft Corporation via the Windows Marketplace for Mobile service (collectively, “Distributors”).

1. About these terms. These terms apply to any Application ("Agreement" or "contract"). Certain features, premium products, and registration-based services may be subject to additional terms, which will supplement (but not replace) the terms of this Agreement.
   
   
2. License. Provided that you comply with the terms of this Agreement, you may install and use one copy of the Application on up to five (5) mobile devices you personally own or control and which are affiliated with the Windows Live ID associated with your Windows Marketplace for Mobile account. You may not install or use a copy of the Application on a device you do not own or control. This license does not entitle you to receive from us hard-copy documentation, support, telephone assistance, or enhancements or updates to the Application.
   
   
3. Functionality Changes. We may discontinue, update or change any service or feature (including, on any service already installed on a mobile device) of the Application, including the Application itself, at any time and without notice.
   
   
4. Translation. ICQ may offer translated versions of the Application, the ICQ services and this Agreement. ICQ is not necessarily the author of the translation. You are aware that the controlling language of this Agreement is English. Any non-English text provided, whether during the installation process, the registration process, in any of the dialogs, the ICQ Web site or in connection with this Agreement or ICQ Terms of Service, is a translation of the original English text, and is provided for convenience only. The translated text may be incomplete or inaccurate. ICQ does not warrant or guarantee the accuracy, correctness or completeness of the translation. In the event of any inconsistency between the translated text and the original English text, the English text shall prevail.
   
   
5. Registration. You may be required to register with us and obtain an ICQ Number or account ("ICQ Number") to use certain interactive online services. We may change or cancel those services at anytime. By registering, you represent that you are giving us true, complete and current information about yourself, that you will keep this information up-to-date, that you are over the age of 13 and that you are legally capable to enter into contracts. Registration and use of an ICQ Number is subject to additional terms: the ICQ End-User License Agreement http://www.icq.com/legal/end-user-license.html (collectively and separately referred to as the "ICQ Terms of Service"), which will be binding on you whenever you use your ICQ Number with the Application and other ICQ services.
   
   
6. Log-in features. We may offer you functionality in which you may store your log-in credentials on your mobile device so that you can be automatically logged into the Application. If you elect to use this automatic log-in feature, you are using it solely at your own risk. Please note that if someone else obtains access to your mobile device (e.g., through theft), the automatic log-in feature will enable such person to have access to your ICQ account. Therefore, in the event your mobile device is lost or stolen, it is your responsibility to contact your wireless carrier immediately to prevent the unauthorized use of your mobile device.
   
   
7. Access. You must provide at your own expense the equipment and wireless connections that you will need to use the Application. We do not guarantee that the Application can be accessed through all wireless devices or wireless service plans. We do not guarantee that the Application will be available in all geographic locations. The Application may connect to computer systems over an Internet-based wireless network. In some cases, you will not receive a separate notice when they connect. You acknowledge that when you use the Application your wireless carrier may charge you standard fees for data, messaging and other wireless access. Check with your carrier to verify whether there are any such fees that may apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS ICQ THROUGH YOUR MOBILE DEVICE.
   
   If you use the Application or any other ICQ mobile applications, you agree that we may communicate with you regarding ICQ by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the mobile services may be communicated to us. When you access ICQ on your wireless device, we may obtain information from your wireless carrier about the type of device you are using. We may use this information to notify you on what type of features and products from ICQ may be available to you on your device. Certain features of ICQ may require our collection of the phone number of your device. We may associate that phone number to the mobile device identification information; however we will not use that number for telemarketing. Some mobile phone service providers in the USA and other jurisdictions are required to operate a system that will pinpoint the physical location of devices that use their service. Depending on the provider, we may automatically receive this information. If you elect to use certain location or pinpoint based services (such as, GPS assisted navigation instruction, wireless tower location), we must periodically receive your location in order to provide such location-based services to you. By using ICQ location based services, you authorize us to locate your hardware and to record, compile and display your location. As part of ICQ, we may also collect and store certain information about our users, such as, users' wireless mobile subscriber ISDN and/or IMEI numbers (as applicable) and users' network access identifier information. This information will be used to provide you with the ICQ services. We may use third party providers to help operate ICQ through mobile systems and such providers may use the information in accordance with our Privacy Policy (available on www.icq.com/legal). Certain applications of ICQ may allow you to adjust your privacy settings; please review any information or FAQ area for more details and instructions. Using the Application operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system and application software, and peripherals) for internet-based or wireless services.
   
   
8. Your responsibilities. You are responsible for all activities that occur under your account; - maintaining the confidentiality of any ICQ Number, passwords or log-in credentials; - taking reasonable steps to prevent unauthorized access to confidential information stored in your mobile phone or other wireless device; and - complying with this agreement and with any and all applicable laws. You are solely responsible for the content you upload or otherwise provide (including any personal information you choose to submit or share using the Application, such as disclosing your home address and the home address of others) and the consequences of sharing or publishing such content with others and/or the general public. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY CONTACT OR INTERACTION THAT OCCURS BETWEEN YOU AND ANY OTHER USER OF ICQ AND THAT THE ENTIRE RISK FALLS ON YOU. Once you have posted information about yourself or your family members, such as, the location where you live or work, it may be difficult to control the misuse of such information by others, which could compromise your own privacy. Therefore, consider if there is any information contained in your postings that you would rather be kept private. You must notify your wireless carrier immediately if your mobile phone is lost or stolen. We cannot be responsible for what happens if your account information (such as stored ICQ Numbers and passwords) becomes known to someone else.
   
   
9. Restrictions. You agree not to (1) make any copies of the Application other than an archival copy, (2) modify or create any derivative works of the Application or documentation (3) extract information from the Application, reverse engineer, decompile, disassemble, or alter the Application, the ICQ communications protocol or any information available on, derived or extracted from the Application, or any part thereof; (4) attempt to gain unauthorized access to any of our or our suppliers' and Distributors' services, accounts, computer systems or networks associated with the Application (3) block, disable or otherwise affect any advertising, advertisement banner window, links to other sites and services, or other features that constitute an integral part of the Application; (4) connect, use, attempt to connect or use in any way the Application, for any commercial purpose and any other purpose that is not for your private personal use in good faith and as explicitly offered on the ICQ Web site; and (5) incorporate, integrate or otherwise include the Application or any portion thereof (including the ICQ communications protocols) into any software, program or product that communicates, accesses, or otherwise connects with the ICQ service or any other instant messaging, Internet, or online service. You further agree to abide by all laws and regulations in effect regarding your use of the Application and the ICQ services, and you agree to indemnify ICQ, its officers, agents, employees and directors for any damages incurred as a result of a violation of this section.
   
   
10. Lawful Purposes Only. In using the Application, you may not: - violate the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights; - You will not violate the privacy rights of others by posting their personal information on ICQ, such as, name, address, email address, telephone number or map location, without their express, prior consent. - engage in conduct that is unlawful, threatening, abusive, harassing; defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or tortious; - submit or transfer material that contains explicit or graphic descriptions, or accounts of, sexual acts; - victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; - impersonate any person, business or entity, including ICQ and its employees and agents; - transmit or cause to transmit material that contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network; - encourage conduct that would constitute a criminal offense, or that gives rise to civil liability; - initiate any conduct that would damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Application or ICQ services in general; - attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means; or - violate these terms (and any supplemental terms, policies or guidelines). You may not induce or allow others to use the Application to violate the terms of this section. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these terms.
    
    
11. No Spam. You may not use any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages), or harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. We may use any legal and technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.
    
    
12. Ownership rights. We and our suppliers own all rights in the Application, and the ICQ services in general. The Application and ICQ services are protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. Your rights are limited to the rights specified in this Agreement.
    
    
13. Electronic Communication. You consent to enter into this Agreement electronically. You consent to receive required notices, terms and other information concerning the Application electronically, either by (a) e-mail, (b) by text messaging services or (c) by posting such notice on the relevant web page or mobile page of the applicable service. You can withdraw consent by discontinuing your use of Application.
    
    
14. Privacy. The ICQ Privacy Policy located at http://www.icq.com/legal/privacy.html explain the practices that apply to your information when you use Application. Your ongoing use of the Application signifies your consent to the information practiced disclosed in this Section. Additionally, most of the Application is configured to report back information automatically relating to errors arising in connection with use of the Application, without notice to you. Information on your Application configuration settings may be included. This data is sent to us to help diagnose performance issues with, and improve, the Application. The Application may also provide us with anonymous information about use of features and buttons on the Application. We use this information in the aggregate to determine which Application features and buttons are most popular and useful to its users. You may be asked to provide us with certain information so that we can personalize content presented to you through the Application. For example, you may be asked for your zip code, which could be used to provide you with relevant local weather and/or news reports.
    
    
15. Content. You may not use content, information, materials, graphics, audio and video (“Content”) accessed through the use of the Application in a manner that exceeds the rights granted for your use of the Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content. Neither we nor our Distributors make any representations or warranties regarding the accuracy or reliability of the information included in such Content. Use of any websites or services reached through the Application is subject to the terms of use presented on such website or service. Any Internet-based services we provide for use with the Application are subject to separate terms and conditions. You must abide by those terms if you use our services through the Application.
    
    
16. Content that you submit. You may only transmit or post Content on Application that you created or that you have permission to use. You may not post Content that violates these terms. We do not claim ownership of any Content that you may submit or post; however, if you post Content to areas of the service that are open to the general public, you grant us, our parent, affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this Content in any medium. Also, you give us a permanent right to use in our sole discretion any suggestions or feedback that you may provide us about Application without any compensation to you.
    
    
17. Monitoring. We are not liable for Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.
    
    
18. Copyright Claims. We respect the intellectual property of others. If you believe that your work has been copied and is accessible on Application in a way that constitutes copyright infringement, please follow the instructions on how to contact us to report possible copyright infringement at http://www.icq.com/legal/copyright.html.
    
    
19. Third party sites and advertisers. We are not responsible or liable for any Content or other materials on third party sites that are linked from the Application. Any dealings that you have with advertisers or other Content owners found on Application are between you and the Content owner or advertiser (as applicable) and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
    
    
20. Fees. Any product offered for a fee (“Premium Service”) will be subject to supplemental payment terms. If you subscribe to or purchase a Premium Service, you must give us accurate billing and payment information and keep this information up-to-date.
    
    
21. Changes to this Agreement. We may change the terms to this Agreement at any time. You agree that you assume the responsibility to review these terms periodically for changes. The Agreement will be
    posted at http://www.icq.com/legal/windowsmobile.html for your review. If you continue to use the Application after we post changes to this Agreement, you signify your agreement to the new terms. If you disagree, do not use the service.
    
    
22. Termination. This agreement automatically terminates if you fail to comply with the terms hereof or if you attempt to assign the agreement or transfer the Application to a third party except as expressly permitted in this agreement. Upon termination, you must stop all use of the Application and must destroy all copies of the Application that are in your possession. All provisions of this Agreement, except for the license grant in Section 3 above, survive the termination of this Agreement. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.
    
    
23. No Support. We, our suppliers, wireless carriers and Distributors are not obligated to create or provide any support, corrections, updates, upgrades, bug fixes and/or enhancements of the Application.
    
    
24. Disclaimer of warranties. We provide this Application “as is”, “with all faults” and “as available.” We and our suppliers make no express warranties or guarantees about the Application. TO THE EXTENT PERMITTED BY LAW, WE, OUR SUPPLIERS AND DISTRIBUTORS, DISCLAIM IMPLIED WARRANTIES THAT THE APPLICATION, SOFTWARE AND CONTENT ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE APPLICATION AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AN ICQ REPRESENTATIVE SHALL CREATE A WARRANTY. WE, OUR SUPPLIERS AND DISTRIBUTORS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE APPLICATION.
    
    
25. Limitation of liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR PARENT, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, AGENTS OR (COLLECTIVELY, THE "AOL GROUP") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE APPLICATION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, THE AOL GROUP'S ENTIRE COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES YOU PAID FOR THIS LICENSE (IF ANY) AND REPLACEMENT OF DEFECTIVE MEDIA OR PROVISION OF A REASONABLY SIMILAR APPLICATION PRODUCT, AS DETERMINED AT ICQ'S SOLE DISCRETION, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. THE AOL GROUP IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY YOU OR A THIRD PARTY THAT IS ACCESSED THROUGH THE APPLICATION AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.
    
    
26. Indemnification. Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, Distributors and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of Application and/or any ICQ 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, in which event you will cooperate with us in asserting any available defenses.
    
    
27. International Use. We make no claim that the Application is appropriate or available for use in locations outside the United States, and accessing it from territories where the content is illegal is prohibited. You must comply with local laws if you choose to access the Application from a location outside the U.S.
    
    
28. Jurisdiction. The laws of the Commonwealth of Virginia govern this Agreement and any claim or dispute that you may have against us, without regard to Virginia’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. Any dispute or claim that you may have against us must be resolved by a court located in the Commonwealth of Virginia and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. PLEASE NO TE THAT BY AGREEING TO THESE TERMS, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE COMMONWEALTH OF VIRGINIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE COMMONWEALTH OF VIRGINIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
    
    
29. Entire Agreement. This contract and any supplemental terms constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use 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.
    
    
30. US End Users. The Application is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 27.405(b) (2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the Application with only those rights as set forth herein.
    
    
31. Export laws. You agree to fully comply with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority ("Export Laws"), and that you will not directly or indirectly export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government. You bear responsibility for and assume all expenses relating to your compliance with such Export Laws and for obtaining all necessary authorizations and clearances.
    
    

Last updated: September 17, 2009