These Terms of Service (“TOS”) govern your use of web sites owned by ICM Registry LLC (“ICM” or “we”), collectively referred to as “ICM Site(s)”. You may not use ICM Sites if you are not of legal age to form a binding contract with ICM, or if you are barred from receiving ICM Sites under the laws of the United States or the country in which you are a resident or from which you wish to access ICM Sites.
This TOS only governs use of web sites owned by ICM; it does not govern .XXX sites that you have registered or reserved. This TOS also does not apply to any content or Personal Information you post or submit to .XXX sites that are not owned by ICM. ICM does not obtain any rights to your content or Personal Information if you post or submit such content or Personal Information on a .XXX site, unless that site is owned by ICM. In other words, for any content or Personal Information you post or submit to .XXX sites owned by third parties, please review the terms of service and privacy policies relevant to those sites.
If you wish to use additional ICM products or services, we may require additional agreements or terms. For example, if you register a .XXX name, you will be required to enter into the Registry-Registrant Agreement as part of that process and your .XXX site registration will be governed by that agreement.
Using ICM Sites
By using ICM Sites you agree to:
In connection with your use of ICM Sites, we may send you service announcements, administrative messages and other information. You may opt out of some of those communications.
ICM Sites are based in the United States; they are not designed or customized for any other country. ICM Sites may display, carry or distribute content that is not ICM’s; this content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display, carry or distribute content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review all of the content displayed, carried on or distributed by ICM Sites. Some of the content displayed, carried on or distributed by ICM Sites may be of a mature nature; you must be at least 18 years of age to access or use such ICM Sites. You understand that by using ICM Sites you may be exposed to content that you might find offensive, indecent, or otherwise objectionable and in this respect, by accessing or using ICM Sites, you are proceeding at your own risk.
Posting or Submitting Content on ICM Sites
Some of our products and services allow you to post or submit content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
By posting or submitting content to an ICM Site, you are agreeing that (a) you created and own the rights to the content or you have the owner’s express permission to post or submit the content; and (b) the content does not infringe any other person’s or entity’s rights (including the copyrights, trademarks, or privacy rights) or violate any applicable laws, this TOS, or any other posted policies. We may remove content for any reason. You are responsible for any content you post or submit to ICM Sites, including, without limitation, any Personal Information contained in your posts or submissions, and for any harm resulting from such posting or submission.
Except as otherwise provided in this TOS, you or the owner of any content that you post or submit to ICM Sites retain ownership of all rights, title, and interests in that content. However, by posting or submitting content to ICM Sites, you grant us and our assigns, agents, and licensees the irrevocable, royalty free, perpetual, worldwide right and license to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate this content in any medium and through any form of technology or distribution. We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your content (but not your original content).
When you use an ICM Site that allows users to share, transform, readapt, modify, or combine user content with other content, you grant us and our users an irrevocable, non-exclusive, royalty free, perpetual, worldwide right and license to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your content in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms.
Other than the limited license stated here, ICM acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under this TOS in or to any content that you post or submit on or through ICM Sites, including any intellectual property rights which subsist in that content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you are responsible for protecting and enforcing those rights and that ICM has no obligation to do so on your behalf.
Using Our Content and Trademarks
Some content on ICM Sites is created and supplied by us or by a vendor, and we or our vendor own all rights, title, and interests in that content and in any compilation, collective work or derivative work created by us using or incorporating this content. Using our products or services does not give you ownership of any intellectual property rights in our products or services, or the content you access. You may not use content from our products or services unless you obtain permission from the appropriate owner or are otherwise permitted by law.
ICM Sites and the content provided on ICM Sites are protected by copyright, trademark, patent, trade secret, international treaties, laws, and other proprietary rights, and also may have security components that protect digital information. You agree that you will not take any action to interfere with anyone’s rights in their content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of content.
If you are given the opportunity to download content on ICM Sites, you may do so only to the extent authorized for that particular content. You may not use the content in a manner that exceeds the rights granted for your use of the content nor may you copy or distribute the content or create a derivative work unless you are authorized to do so.
ALL CONTENT IS POSTED “AS IS” AND YOUR USE OR RELIANCE ON ANY CONTENT IS AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON ANY CONTENT.
You may not use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
Content Served or Linked to by ICM Sites
Searches using ICM Sites may produce search results and links to sites that some users find objectionable, inappropriate, or offensive. ICM reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from any ICM Sites. Your dealings with advertisers and third parties found on or through ICM Sites, including your participation in promotions, the purchase of goods or services, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. ICM does not make any representations or warranties with respect to any goods or web sites that may be obtained from such third parties, and you agree that ICM will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on ICM Sites.
You may not use or allow others to use ICM Sites to e-mail, instant message, voice mail, fax, chat, send spam (e-mail) and spim (instant messages), or send any other unsolicited bulk communication. You may not access ICM Sites to harvest or collect any information about our users for any purpose without our express written authorization. Any violation of these provisions may result in immediate termination of your membership and revocation of your Membership Token.
We grant you a personal, non-exclusive, non-transferable, limited license to use our software to connect to and use ICM Sites. You may not copy, sell, reverse engineer, decompile or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law) or the communications protocol for accessing our ICM Sites. You may not modify, adapt or create derivative works from the software or remove proprietary notices in the software.
Exporting of Content or Software
Your use of ICM Sites must comply with all applicable import and export control laws and regulations of the United States and other countries and you must not transfer, by electronic transmission or otherwise, any content, data, or software subject to restrictions under such laws to a national destination, person, or entity or for an end-use prohibited under those laws without first obtaining and complying with government authorization. You must not upload any data or software to ICM Sites that cannot be exported without prior written government authorization and notification, including, but not limited to, certain types of encryption software. The assurances and commitments contained in this section shall survive termination of this TOS.
Disclaimer of Warranties and Limitations on Remedies and Liability
WE SUPPLY ICM SITES “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WE DO NOT WARRANT OR GUARANTEE THAT ANY INFORMATION AVAILABLE USING ICM SITES IS ACCURATE OR RELIABLE OR YOUR USE OF ICM SITES WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERROR. WE, OUR SUPPLIERS, AND AUTHORIZED DISTRIBUTORS GIVE NO EXPRESS WARRANTIES OR GUARANTEES NOR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. IN ANY DISPUTE WITH US, YOUR ONLY REMEDY IS TO STOP USING YOUR ACCOUNT AND CANCEL ANY FEE-BASED ICM SITES. IN NO EVENT WILL OUR LIABILITY TO YOU EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE-MONTH PERIOD.
WE, OUR SUPPLIERS, AND AUTHORIZED DISTRIBUTORS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF ICM SITES.
SOME STATES DO NOT ALLOW US TO LIMIT OUR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR EXCLUDE CERTAIN WARRANTIES. IN THOSE STATES, ICM’S LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW.
About these Terms
This TOS along with any supplemental terms or policies posted on ICM Sites constitute the whole legal agreement between you and ICM regarding your use of ICM Sites. We may change or improve any of our products or services, or any ICM Site. We may also modify this TOS from time to time. If you do not agree with the changes, simply stop using the product, service or ICM Site. You may also elect to cancel any fee-based ICM Sites before the changes take effect. Your use of an ICM Site after the effective date of any changes means that you agree to the changes. To prevent violations and enforce this TOS and remediate any violations, ICM reserves the right to take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate without notice to you.
This TOS does not replace, modify, or limit in any way any contract or agreement between you and ICM with respect to reservation or registration of a Domain Name in the .XXX TLD or your status as a member of the Sponsored Community for the .XXX TLD, including, without limitation, the Registry-Registrant Agreement. If there is a conflict between this TOS and any additional terms you enter into regarding any product, service or ICM Site, the additional terms will control for that conflict. These terms control the relationship between ICM and you. They do not create any third party beneficiary rights.
Disputes With Us
In any dispute with us, your sole remedy is to stop using ICM Sites. This includes any dispute related to, or arising out of: (1) any term of this TOS or our enforcement or application of this TOS; (2) any policies posted on ICM Sites, or our enforcement or application of those policies; (3) the content available on ICM Sites or the Internet or any change in content provided by us; or (4) your ability to access or use ICM Sites.
You agree that any claim or cause of action arising out of your use of ICM Sites must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by ICM to enforce or exercise any provision of this TOS or related right shall not constitute a waiver of that right or provision. If a court of law finds that any provision of this TOS is invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
You agree that the laws of the State of Florida govern this contract and any claim or dispute that you may have against us, without regard to Florida’s conflict of laws rules. 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 reside in and will be resolved by a state or federal court located in the State of Florida and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
General Legal Terms
We may assign this contract at any time without notice to you. You may not assign this contact to anyone else.
Registrations, agreements, and terms presented electronically by ICM are legally enforceable as a signed writing. You consent to receive all communications regarding ICM Sites electronically from us. The delivery of any communication from us is effective when sent by us, regardless of when you receive or read the communication. We are not responsible for communications that do not reach you if you have not provided us with your current contact information.
Effective Date: February 7th 2012