July 19, 2009
(COLLECTIVELY AND SEPARATELY REFERRED TO AS THE "ICQ TERMS OF SERVICE"). IF YOU DO NOT AGREE, DO NOT ENTER OR USE IRCQ-NET.
The chat service available on or through this site ("IrCQ-Net") is provided to you by ICQ LLC. on an "AS IS" basis subject to the provisions contained herein for your private personal use only. Any other use or attempt to use IrCQ-Net for commercial purposes, promotion of products and services, or other such purposes, directly or indirectly, by you or by a third party is prohibited.
CHILDREN UNDER 13.
Please note that the IrCQ-Net as well as the ICQ Web site, network, system, software, service, servers, various directories and listings, various message and news boards, tools, 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.
YOU WILL NOT:
(1) harass, threaten, abuse, defame, embarrass or cause distress or discomfort upon another IrCQ-Net participant; (2) transmit via IrCQ-Net any information, data, text, files, links, software, chat, content, communication or other materials and terms of expression("Information") that are offensive, racial, discriminating, unlawful, information or instructions concerning illegal activities, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable; (3) transmit via IrCQ-Net any Information that infringes any patent, trademark, trade secret, copyright or other proprietary right; (4) disrupt the normal flow of Information on or through IrCQ-Net or otherwise act in a manner that negatively affects other participants; (5) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation; and (6) intentionally or unintentionally violate any applicable local, state, national or international law. (7) translate, decompile, reverse engineer, disassemble, modify, copy, alter, merge into other software, reproduce, rent, lease, lend, distribute, remarket or otherwise dispose of The IrCQ-Net or any part thereof.(8) Impersonate any person, leader, ICQ official, operator or host.
You acknowledge that there are certain risks inherent to the use of IrCQ-Net. These include, but are not limited to, disclosure of confidential information (including personal details), the improper operation of IrCQ-Net (such as failing to function or to function correctly), and the risk that third parties directly or impersonating themselves as someone they are not, will contact you or attempt to contact you as a result of ICQ LLC.'s provision of and/or your use of IrCQ-Net. IF YOU PUBLISH PERSONAL INFORMATION, THERE IS A POSSIBILITY THAT THIRD PARTIES COULD HARASS YOU, ATTEMPT TO CONTACT YOU, AND, TRY TO HARM YOU. THEREFORE, IT IS IMPORTANT THAT YOU CAREFULLY CONSIDER BEFORE DISCLOSING AND PUBLISHING PERSONAL INFORMATION AND THAT YOU UNDERSTAND THAT ANY SUCH DISCLOSURE AND PUBLISHING ARE MADE BY YOU AT YOUR OWN RISK.
You should also note that the messages or Information you send or deliver on or through IrCQ-Net will be stamped with your IP address, thus allowing third parties to view it, and/or use it for harmful, unlawful or distressing purposes.
Without limitations to the generality of the aforesaid, due to the nature of Internet, computers, data flow, and other technical and economical practicalities, IrCQ-Net as most computer data and Internet applications, is vulnerable to various security issues and hence should be considered unsecured. By using the IrCQ-Net and the Internet in general, you may be subject to various risks, including among others eavesdropping, sniffing, spoofing, forgery, spamming, "imposturing", tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, nuking, system contamination including without limitation, viruses, worms, Trojan horses, causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer and other forms of activity that may even be considered unlawful. Information received or delivered on and through IrCQ-Net may be subject to other security or privacy hazards or may not reach its destination or reach an erroneous address or recipient. IrCQ-Net is not different than other applications in this respect.
You must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Information received on or through IrCQ-Net. ICQ LLC. shall not be obligated to actively monitor the Information users deliver or send on or through IrCQ-Net and shall not be responsible for any Information received on or through IrCQ-
THE INFORMATION ON IRCQ-NET MAY INCLUDE INAPPROPRIATE MATERIAL. BY ENTERING IRCQ-NET YOU UNDERTAKE FULL RESPONSIBILITY FOR: (A) DETERMINING WHETHER THE INFORMATION COMPLIES WITH YOUR NEEDS (B) DETERMINING WHETHER YOU HAVE ADEQUATE LEGAL RIGHTS TO STORE, REPRODUCE OR OTHERWISE USE THE INFORMATION IN ANY MANNER CONTEMPLATED BY YOU (C) COMPLIANCE WITH ANY LEGAL OBLIGATIONS, INCLUDING BUT NOT LIMITED TO, OBLIGATIONS IMPOSED BY COPYRIGHT, SECRECY, DEFAMATION, DECENCY, PRIVACY AND EXPORT LAWS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ENTER IRCQ-NET.
ICQ LLC. does not warrant or guarantee 1) that any Information received on or through IrCQ-Net will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties; 2) that the Information received on or through IrCQ-Net will not contain adult-oriented material, or material which some individuals may deem objectionable; 3) that the functions or services performed by ICQ LLC. will be uninterrupted or error-free or that defects in IrCQ-Net will be corrected. It is the sole responsibility of the user to isolate software and Information, execute anti-contamination software and otherwise take steps to ensure that software or Information, if contaminated or infected, will not damage user's information or system.
DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY AGREE THAT USE OF IRCQ-NET IS AT YOUR OWN RISK. NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM - EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE - INCLUDING BUT NOT LIMITED TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF IRCQ-NET IS GIVEN OR ASSUMED BY ICQ LLC. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. ICQ LLC. MAKES NO WARRANTY THAT IRCQ-NET WILL MEET YOUR REQUIREMENTS, OR THAT IRCQ-NET WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;
ICQ LLC. MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE INFORMATION DELIVERED OR RECEIVED ON OR THROUGH IRCQ-NET FOR ANY PURPOSE NOR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS. ALL SUCH INFORMATION IS SOLELY PROVIDED BY THE USERS. THE INFORMATION DELIVERED OR RECEIVED ON OR THROUGH IRCQ-NET IS NOT REVIEWED, CONTROLLED OR EXAMINED BY ICQ LLC. IN ANY WAY BEFORE IT APPEARS ON IRCQ-NET. ICQ LLC. DOES NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENTS OF ANY SUCH INFORMATION. USERS ARE SOLELY RESPONSIBLE FOR THE CONTENTS OF THEIR MESSAGES AND MAY BE HELD LEGALLY LIABLE OR ACCOUNTABLE FOR THE CONTENTS OF THEIR MESSAGES (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS).
LIMITATION OF LIABILITY:
IN NO EVENT SHALL ICQ LLC. BE LIABLE TO ANY PARTY FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, 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, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING - IN ANY WAY, SHAPE OR FORM - OUT OF THE AVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF IRCQ-NET 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. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU.
In no event shall ICQ LLC. be liable to anyone for any delays, inaccuracies, errors or omissions with respect to the Information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the content of messages.
(3) 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 LLC. 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, the provision of this document shall prevail, unless the provision of the ICQ Help File reflect narrower responsibility on behalf of ICQ LLC. than the relevant provision of this document.
(4) 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.
The ICQ system and the methodology of its operation are protected by US patent No. 6,449,344