July 31, 2001
BY UPLOADING, POSTING, SENDING OR SUBMITTING PHOTOGRAPHS, PICTURES, IMAGES OR ANY OTHER CONTENT INCLUDING WITHOUT LIMITATION, GRAPHICS, VIDEO, DATA, TEXT, FILES, LINKS, SOFTWARE, MUSIC, SOUND, ("CONTENT") TO ICQ YOU ARE CONSENTING TO BE BOUND BY THESE ICQ PHOTO SUBMISSION TERMS OF USE AND BY THE APPLICABLE PROVISIONS OF THE ICQ TERMS OF SERVICE INCLUDING BUT NOT LIMITED TO THE ICQ END-USER LICENSE AGREEMENT, PRIVACY POLICY AND USAGE NOTICES AND ANY OTHER DOCUMENTS AVAILABLE ON OR THROUGH http://www.icq.com/legal/ (COLLECTIVELY AND SEPARATELY REFERRED TO AS THE "ICQ TERMS OF SERVICE") . IF YOU DO NOT AGREE, DO NOT UPLOAD, POST, SEND OR SUBMIT ANY CONTENT TO ICQ.
License - You hereby grant ICQ, Inc., its affiliates, subsidiaries, assignees, licensees, and legal representatives ("ICQ") the irrevocable, perpetual, worldwide license to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the Content (as such may be edited and modified by ICQ in its discretion) through the ICQ Web site, ICQ Software and such other products or services as ICQ may designate in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes.
While you retain ownership of all right, title, and interest in the Content itself, you agree that ICQ owns all right, title, and interest in any compilation, collective work or other derivative work created by ICQ using or incorporating the Content. You represent and warrant that (i) the Content does not and shall not infringe on any copyright or any other third party right nor violate any applicable law or regulation, (ii) you have the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary copyright and other related rights to the Content, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity.
You acknowledge that you (and not ICQ) are solely liable for any damage resulting from infringement of copyrights, proprietary rights or any other intellectual property rights, or any other harm or damage arising from your submission and ICQ's display of any Content. You hereby hold ICQ harmless from and against any third party claim arising from use of the Content.
You further understand, and thereby authorize, that your photograph and any other Content may be accessed, viewed, stored or reproduced by ICQ and viewed by any of ICQ's members or other visitors to the ICQ Web site. You waive any right to privacy. You waive any right to inspect or approve uses of the photograph or Content or to be compensated for any such uses.
User Conduct - You agree that you will not upload, post, submit or send any Content to ICQ in order to distribute, facilitate distribution, or directly link to any content that: (1)is offensive, vulgar, sexually explicit, racial, hateful, discriminating, unlawful, invasive of another's privacy, exploitation of a minor, identifiable information of a minor, information or instructions concerning illegal activities, information that is harmful, violent, threatening, abusive, harassing, defamatory, libelous, tortuous, obscene, or otherwise objectionable; (2) harasses, threatens, abuses, defames, degrades, embarrasses or causes distress or discomfort upon another; (3) solicits for exchange, sale or purchase of sexually explicit images, and/or material harmful to minors; including, but not limited to, any photograph, film, video, or picture or computer generated image or picture (actual or simulated). (4) you don't have a right to transmit under any law, including but not limited to Content that infringes patent, trademark, trade secret, copyright or other proprietary right or violates any right of privacy or publicity; (5) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (6) disrupts the normal flow of information available on or through ICQ Web site or the ICQ Service or otherwise, interferes with or disrupts the functionality of ICQ Web site , ICQ Service, servers or networks, directories, databases and listings; (7) is unsolicited advertising, promotional materials, or any other forms of solicitation; (8) intentionally or unintentionally violates any applicable local, state, national or international law or regulation; (9) impersonates in any way any person, entity, leader, ICQ official, operator or host; (10) collects or stores personal data about other users in any way or form or solicit or harvest passwords or screen names; (11 ) links to or refers to content not allowed under these ICQ Photo Submission Terms of Use; (12) otherwise uses the service in a manner deemed inappropriate by ICQ.
Miscellaneous:
ICQ reserves the right and the sole discretion to refrain from publishing on the ICQ Web site and delete or remove from the ICQ Web site, any photograph or any other Content posted, uploaded, submitted, sent, provided for display or transmitted by any user or any part thereof;
ICQ may change from time to time, the ICQ Terms of Service including these ICQ Photo Submission Terms of Use. You agree that by continuing to post, upload, submit or send Content to ICQ or by not removing any such Content you have previously posted, uploaded, submitted or sent to ICQ, 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.
In case of contradiction between any provision of the ICQ End User License Agreement ("ICQ EULA") and any provision of this document, the provision of the ICQ EULA shall prevail, unless the provision of this document reflects narrower responsibility on behalf of ICQ Inc. than the relevant provision of the ICQ EULA. In case of contradiction between any provision of this document and any provision of the ICQ Help File, or the Usage Notices the provision of this document shall prevail, unless the provision of the ICQ Help File or Usage Notices reflect narrower responsibility on behalf of ICQ Inc. than the relevant provision of this document.
Any reference made in this document to ICQ Inc. shall be deemed to have been made to ICQ Inc., its subsidiaries, successors, assignees, affiliates as well as any company that controls ICQ Inc., directly or indirectly, and any other subsidiary of that controlling company.
You hereby represent that you are at least 18 years of age and that you have read these ICQ Photo Submission Terms of Use and are fully familiar with its content and agree to be bound by its provisions.
