ICQ Video Terms of service
March 03, 2022
Welcome to ICQ Video, a service of LLC VK (registered at Moscow, Leningradskiy prospect, 39, bldg. 79, 125167) and its affiliates (either "we" or "us"). These Terms of Use govern your use of the Web sites, applications, software, widgets and services of ICQ Video and its affiliated sites (the "Service").
BY ACCESSING, USING OR INTERACTING WITH THE SERVICE, YOU SIGNIFY ELECTRONICALLY THAT YOU AGREE TO THESE TERMS 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 https://icq.com/legal/en (COLLECTIVELY AND SEPARATELY REFERRED TO AS THE "ICQ TERMS OF SERVICE"). You consent to the ICQ Privacy Policy. If you do not agree, do not use the Service.
Any reference made in this Agreement to "ICQ" shall be deemed to have been made to LLC VK, its subsidiaries, successors, assignees, and affiliates, as well as any company that controls LLC VK, directly or indirectly, and any other subsidiary of that controlling company.
- Changes to the Terms of Use. LLC VK may change from time to time, the ICQ
Terms of Service including these Terms of Use. You agree that your use of the Service 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.
- Children under 13. Please note that the Service, as well as the ICQ Website,
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 LLC VK's attention through reliable means that a registered user is a child
under 13 years of age, LLC VK will cancel that user's account.
- About the Service. The Service is intended for general audiences and for personal
and information use only. The Service offers information, audio and video content for viewing
("Content"), links to other site, and video search functionality provided by us and or our
affiliates, to help users discover publicly available websites and their Content. You may submit
queries to the Service search functionality at various "search box" areas, and search results
shown on the Service, as well as certain other search-driven experiences will include links to
third party websites or embedded displays of Content hosted and served from third party
websites. Embedded displays are enabled by embed codes made available by third party host
websites. The Service does not host Content that is embedded or linked to and is not responsible
for the activities originating with the third party server of such Content. Some Content and
some of these sites may contain materials that are objectionable, unlawful, or inaccurate.
Providing access to the Content or these links does not mean that we endorse the Content, these
third party sites or services. You acknowledge and agree that we are not responsible or liable
to you for any Content or other materials hosted and served from these third party sites. The
Service is a consumer service and is not designed to be used in connection with commercial
activities by you, your employer or contractors. If you choose to do so, it is entirely at your
own, and your employer's or contractor's, risk.
- Registration. You do not need to sign up to visit the Service; however, certain
interactive features, such as instant messaging or posting comments, are available only to users
who register with us and obtain an ICQ account through the ICQ Network, after agreeing to the
ICQ End-User License Agreement https://icq.com/legal/eula/en.
- Additional Terms. The Service may offer features and sites where you can upload or
download files. You agree that these features may be subject to supplemental rules that will be
binding on you. The minimum terms in Section 13 will always apply to your uploads.
- Electronic Delivery Policy and Your Consent. You acknowledge that you are agreeing
to these terms online and electronically. You authorize us to provide you with required notices,
agreements and information concerning the Service electronically. We will provide you our
notices either by sending them to the e-mail address that you give to us or by posting the
notices on the home page of the Service or on the relevant web page of the applicable service.
If you want to withdraw your consent to receive notices electronically, you must discontinue
your use of the Service.
- Privacy Policy. The ICQ Privacy Policy explains the practices that apply to your
information when you use the Service. Your ongoing use of the Service signifies your consent to
the Privacy Policy. You can review the Privacy Policy by clicking on the Privacy Policy
available at https://icq.com/legal/privacypolicy/en link
located on the home page of the Service.
- Changes to the Service. We may discontinue or change any service or feature on the
Service at any time and without notice.
- Access. You must provide at your own expense the equipment and Internet connections
that you will need to access and use the Service. If you access the Service through a telephone
line, please call your local phone company to determine if the access numbers you select are
subject to long distance or other toll charges at your location. Also, wireless, data or text
messaging charges apply if you access the Service through wireless applications (e.g., cell
phones). Check with your carrier to verify whether there are any such fees that may apply to
you.
- Your Responsibilities. You may use the Service for lawful purposes only. You are
responsible for all activities under your account, including all legal liability incurred from
the use of your ICQ account by you or others. You agree that you will not access or use the
Service or its Content, or otherwise engage in any conduct that:
- violates or infringes the rights of others including, without limitation, patent,
trademark, trade secret, copyright, publicity or other proprietary rights;
- is unlawful;
- uses technology or other means to access the Service or Content that is not authorized
by us;
- use or launch any automated system, including without limitation, "robots," "spiders,"
or "offline readers," to access the Service or Content;
- attempts to introduce 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;
- attempts to gain unauthorized access to our computer network or user accounts;
- encourages conduct that would constitute a criminal offense, or that gives rise to civil
liability; offers, promotes or encourages betting or wagering prohibited by law;
- violates this Agreement, guidelines or any policy posted on the Service;
- attempts to damage, disable, overburden, or impair our servers or networks; or
- interferes with any other party's use and enjoyment of the Service.
You agree that we may take any legal and technical remedies to enforce these Terms of
Use, including without limitation, immediate termination of your account or access to any
Service if we believe in our discretion you are violating these Terms of Use.
- No Spam. You may not use the Service or any of our communication tools to transmit,
directly or indirectly, any unsolicited bulk communications (including e-mails and instant
messages). You may not harvest information about our users for the purpose of sending, or to
facilitate the sending, of unsolicited bulk communications. You may not induce or allow others
to use the Service to violate the terms of this section. We may terminate your access or use of
the Service immediately and take any other legal action if you, or anyone using your access to
the Service, violates these provisions. We may take any technical remedies to prevent
unsolicited bulk communications from entering, utilizing, or remaining within our computer or
communications.
- Proprietary Rights. We, our suppliers, and our users who lawfully post Content on
the Service own the property rights to that Content. The Content is protected by international
treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary
rights and also may have security components that protect digital information. You agree that
you will not violate these rights and access and use the Content only for your own personal use,
and only as authorized by the owners of these rights.
- License To Use the Service. We grant you a personal, non-exclusive,
non-transferable, limited and revocable license to use the Service subject to the terms of this
Agreement. You may not use the Service in a manner that exceeds the rights granted for your use
of the service and its Content. Without limitation of the foregoing, you may not frame any
portion of the Service or Content, or reproduce, reprint, copy, store, publicly display,
broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan,
make derivative works or otherwise distribute the Content without our prior written consent. You
may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution
of the Content or the Service. Your license terminates immediately upon cancellation or
termination of your account or if we believe you are in violation of these Terms of Use. You
agree that any licensor or provider of the Content on the Service is a third party beneficiary
of this Agreement ("Licensor"), and that such Licensor will have the right to enforce such
provisions in its own name, whether at law or in equity, to the same extent as if such Licensor
was a party to this Agreement. You agree that you will not raise lack of privity as a defense
against any Licensor seeking to enforce the provisions of this Agreement.
- Content You Post To Public Areas. Certain areas of the Service may allow you to post
Content (such as comments or upload videos or links thereto) that can be accessed and viewed by
others, including the public in general. You may only post Content to public areas on the
Service that you created or that you have permission to post. You many not publicly post
defamatory Content or someone else's image or personal information without the express
authorization of that person. You may not post Content that violates these Terms of Use. We do
not claim ownership of any Content that you may post. However, by submitting Content to public
areas of the Service, you grant us, our parent, affiliates, and distributors the right to use,
copy, display, perform, distribute, adapt and promote this Content in any medium.
- No Duty To Monitor. We do not control, monitor or review the Content uploaded,
posted, transmitted or made available by others on or through the Service and, as such, shall
not be responsible for any Content and do not guarantee the accuracy, adequacy, integrity or
quality of such Content. You understand that by using the Service, you may be exposed to Content
that is offensive, indecent or objectionable. We have the right in our sole discretion 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.
- Procedure For Making Claims Of Copyright Infringement. We respect the intellectual
property of others. If you believe that your work has been copied and is accessible on the
Service in a way that constitutes copyright infringement, contact us via email contact@icq.com to
report possible copyright infringement.
- Third Party Sites; Advertisers. The Service may include links to third party
websites, including links provided as automated search results and links to certain related
products or services. Some of these sites may contain materials that are objectionable,
unlawful, or inaccurate. These links do not mean that we endorse these third party sites or
services. We are not responsible or liable for any Content, the products or services, or other
materials on these third party sites. You agree that the Service may be supported by
advertising. Any dealings that you have with advertisers found on the Service are between you
and the advertiser and you acknowledge and agree that we are not liable for any loss or claim
you may have against an advertiser.
- Use Of Software. We may make software available for you to download or use. Such
software will be subject to the terms of the license agreement that accompanies it. If there is
no license agreement presented to you with the software, then the following license, in addition
to the other terms of these Terms of Use govern your use of such software. We grant you a
personal, non-exclusive, non-transferable, limited license to install the software on any single
computer. The software is protected by copyright and other intellectual property laws and
treaties and is owned by us or our suppliers. You may not sell or redistribute the software. You
may not incorporate it or any portion of it into another product. You may not reverse engineer,
decompile, or disassemble the software or otherwise attempt to derive the source code (except
where expressly permitted by law). You may not modify, adapt, or create derivative works from
the software in any way or remove proprietary notices in the software. You agree to abide by all
laws and regulations in effect regarding your use of the software. You may not authorize or
assist any third party to do any of the things prohibited in this paragraph.
We may
automatically check your version of the software and update it to improve its performance and
capabilities. If you shut down the software during an automatic update or otherwise interfere
with the installation of the update, the software may be damaged and/or cease to
operate.
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, 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
the described laws, regulations, rules and orders, and for obtaining all necessary
authorizations and clearances. You further agree to assume responsibility for and bear all
expenses relating to your compliance with the described laws, regulations, rules and orders, and
obtaining all necessary authorizations and clearances.
- DISCLAIMER. WE PROVIDE THE SERVICE "AS IS" AND WITH ALL FAULTS. YOU ARE USING THE
SERVICE AT YOUR OWN RISK. WE, OUR LICENSORS AND DISTRIBUTORS DISCLAIM ALL WARRANTIES, WHETHER
EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE SERVICE IS FREE OF DEFECTS AND ABLE TO
OPERATE ON AN UNINTERRUPTED BASIS, THAT ALL DATA WILL BE SUCCESSFULLY OR SECURELY UPLOADED AND
STORED ON THE SERVICE, OR THAT IT WILL MEET YOUR REQUIREMENTS. WE DISCLAIM THE IMPLIED
WARRANTIES THAT THE SERVICE IS MERCHANTABLE, OF SATISFACTORY QUALITY, RELIABLE, ACCURATE, FIT
FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY
INCAPABLE OF EXCLUSION. FURTHER, WE, OUR LICENSORS AND DISTRIBUTORS DO NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE SERVICE IN TERMS OF ITS CORRECTNESS,
ACCURACY, PROFITABILITY OF THE SERVICE, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION
OR ADVICE GIVEN BY US OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY
INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. THIS
DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
- LIMITATION OF LIABILITY. WE, OUR LICENSORS AND DISTRIBUTORS HAVE NO LIABILITY WITH
RESPECT TO YOUR USE OF THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL WE OR OUR PARENT, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, LICENSORS,
SUPPLIERS, PARTNERS, AGENTS OR RESELLERS 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 SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, CORRUPTION OF DATA, COMPUTER FAILURE OR
MALFUNCTION. YOUR SOLE REMEDY WITH RESPECT TO ANY DISPUTE WITH US OR THE SERVICE IS TO CANCEL
YOUR USE OF THE SERVICE.
- Indemnification. You agree to defend, indemnify, and hold harmless us and our parent
and other affiliated companies, and our respective employees, contractors, officers, directors,
and agents from all liabilities, claims, and expenses, including attorney's fees that arise from
your use or misuse of the 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.
- International Use. We make no representation that the Service is appropriate or
available for use in the country, geographic area or jurisdiction where you are located, and
accessing it from territories where the Content accessed via the Service may be illegal or is
prohibited. You are responsible for compliance with local laws when you access and use the
Service.
- Choice of Law and Location for Resolving Disputes. You agree that the laws of the
Commonwealth of Virginia govern this contract 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. You further agree
that any disputes or claims that you may have against us will 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 NOTE
THAT BY AGREEING TO THESE TERMS OF USE, 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.
- Severability and Integration. These Terms of Use, the ICQ Terms of Service and any
supplemental terms, policies, rules and guidelines posted on the Service 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.
- Termination. Your right to use the Service automatically terminates if you violate
these Terms of Use or any rules or guidelines posted in connection with the Service. We also
reserve the right, in our sole discretion, to terminate your access to all or part of the
Service, for any reason, with or without notice.