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terms & conditions

ICOM AGENCIES WEBSITE TERMS & CONDITIONS

LAST UPDATED: September 14, 2016

The International Communications Agency Network, Inc. (“ICOM”) maintains the ICOM website found at http://www.icomagencies.com (the “Website’). Your access to and use of the Website is subject to these following terms and conditions (the “Terms and Conditions”) and any and all applicable laws, rules and regulations applicable to your access and use thereof. By accessing and browsing the Website, you accept, without limitation or qualification, the Terms and Conditions.

Your access to and use of certain functions and features of the Website may require that you enter into a separate membership agreement with ICOM. If so, these Terms and Conditions will still apply, but any such separate agreement will control in the event of inconsistencies with any provisions of these Terms and Conditions.

Registration. In order to access certain of our services and features, you may be required to provide information about yourself (e.g., first name, last name and email address) (collectively, “Registration Information”) as part of the registration process and/or as part of your continued use of the service. You agree that any Registration Information you give to us will always be accurate, complete, correct and up to date. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Website or service. Accordingly, you agree that you will be and remain solely responsible and liable to us and all other parties, for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately at [email protected].

Ownership. “Content” refers to all content, data, files, software, wallpaper, music, audio, video, audiovisual, photographs or other images, text, graphics, messages, newsletters (in electronic or any other form), artwork, illustrations, images, photographs, animations, data, information, designs, service and trademarks, logos, brands and brand names, trade dress, trade names and other distinctive identification and all other proprietary information, materials and elements of the Website, whether or not copyrightable or legally protectable, tangible and intangible, including the selection, sequence, look and feel and arrangement of components or aspects of the Website, whether ours or third parties’.

Content (other than User Generated Content) is either our property or owned by our licensors, operational service providers, advertisers, promotional partners or other third parties, and is protected under United States, state and other federal or international laws, regulations and treaties. All rights not specifically granted to you herein are expressly reserved by ICOM. You may not alter, modify, transform, adapt, create derivative works, perform, transfer, display or otherwise do anything with Content or use any Content for any purpose or in any manner other than your own personal use, subject to these Terms and Conditions and applicable law. You may not alter, delete or obscure any notices applicable to Content, impair or attempt to circumvent any digital rights management or other technology, nor use the Website in violation of these Terms and Conditions or any laws, rules or regulations. You may not use any computerized or automatic mechanism to access, extract or download any Content. You should assume that everything you see or read on the Website is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Website without the written permission of ICOM. While we use reasonable efforts to include accurate and up-to-date information on the Website, we make no warranties or representations as to the accuracy thereof. We assume no liability or responsibility for any errors or omissions in the Content of the Website.

License Grant. We grant to you a limited, revocable, nonsublicensable, nontransferable license to access and to use the Website and any Content displayed on the Website, provided you also retain all copyright and other proprietary notices contained on any materials. You may not, however, distribute, modify, transmit, reuse, repost, link to or otherwise use the Content for public or commercial purposes, including the text, images, audio, and video without our prior written permission. Images of people or places displayed on the Website are either the property of, or are used with permission by, ICOM. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Website. Any unauthorized use of the images may violate copyright, trademark, privacy, or publicity laws, regulations, or statutes.

Trademarks. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Website including, but not limited to, “ICOM” are registered and unregistered Trademarks of ICOM and others. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of ICOM or such third party that may own the Trademark. Your use of a Trademark displayed on the Website, or any other Content on the Website, except as provided in these Terms and Conditions, is strictly prohibited.

Unsolicited Submissions. If we don’t ask you to, don’t send us or post any original creative ideas, suggestions, content or materials for any reason. If you do, we have an unrestricted right to use it and do anything with it, in any way and for any purpose, without obligation or restriction at all, and we have no obligation to pay you or notify you or let anyone know the idea, suggestion, content or material originated from you.

User Generated Content. “User Generated Content” refers to Content (including, without limitation, discussions, chats, bulletin board posts, comments and the like) that you post (or that is posted using your account). We do not claim ownership for (nor do we undertake responsibility for) User Generated Content. If you post User Generated Content, you grant to us an irrevocable, perpetual, unconditional, worldwide, royalty-free, sublicensable right and license to use, distribute, modify, adapt, transform, perform and publicly display it on or in connection with the Website, in whole or in part, in or on any and all media now known or hereafter developed, and to create compilations, adaptations and derivative works. We have no liability or responsibility for third parties, even if they obtained your Content through our Website.

We do not endorse User Generated Content, nor does it reflect our views. We have no obligation to monitor, edit or screen User Generated Content (although we reserve the right to do so), and if we do, we have no obligation to continue to do so and we may do so randomly, continuously or not at all and in some, any, all or no portions of the Website. We have absolutely no liability for or in connection with any User Generated Content, even if it violates our Terms and Conditions. If we determine or reasonably believe your User Generated Content violates our Terms and Conditions or any applicable law, rule or regulation or we believe (in our sole discretion) that you are behaving inappropriately, we reserve the right, at any time and without limiting any and all other rights we may have, to (a) refuse to allow you to post, (b) remove and delete any of your User Generated Content, (c) revoke, suspend and/or terminate your use, registration, User ID, subscription(s), membership and/or access to and use of all or any part of the Website and services and/or (d) use any means available to us to enforce your compliance.

Although we may from time-to-time monitor or review User Generated Content, we are under no obligation to do so and assume no responsibility or liability arising from User Generated Content. We reserve the right to delete, edit and/or alter your User Generated Content from the Website from time-to-time at any time, in whole or in part, without notice to you, for any reason or no reason at all.

Community Guidelines. In general, you may not engage in any activity that could or does:

  • constitute criminal or tortious activity or otherwise violates the law or the rights of another, including, without limitation, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, stalking or spamming;
  • interfere with or disrupt the Services or anything connected with the Services, including any digital rights management, intellectual property, advertisements, promotions or security;
  • involve any commercial or business purpose;
  • copy, distribute, transmit, share, download, upload or transfer Content, User Generated Content or personal information of others in any way (e.g., without permission or authorization);
  • use any robot, spider, site search or retrieval application, macro, script or any manual or automated means to retrieve, index, "data mine", “scrape”, reproduce or circumvent navigational structure, the presentation, operation or intended use of the Services;
  • post, e-mail or transmit any software virus, program or code, file or material designed interrupt, disrupt, destroy or limit any features, functions or operations our or anyone else’s equipment, programs, communication or other resources or facilities;
  • use meta tags, code or other means to direct any person or browser to another site, page, location or service;
  • impersonate any person or entity or deceive or pretend to be anyone or anything else but you; or
  • cover or obscure banner or other advertisements on any Website page via HTML/CSS or any other means.

In addition, and specifically with respect to User Generated Content, or other material, you may not and will not submit any User Generated Content, or engage in any activity that in our sole discretion:

  • is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented or explicit, threatening, harassing, or illegal or that infringes or violates another's rights (e.g., intellectual property rights; rights of privacy or publicity);
  • is clearly offensive to us or, in our sole discretion, to the online community (e.g., if it promotes racism, violence, bigotry, sexism, harassment, hatred or harm of any kind);
  • involves transmission of "junk mail", “SPAM”, "chain letters," unsolicited mass mailing, instant messaging, “spimming” or “spamming;”
  • is false, deceptive, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes illegal or unauthorized copying of someone else’s work or circumvents copy-protection devices (e.g., pirated computer programs, video or audio);
  • exploits or could be used to exploit Minors in a sexual, violent, illegal or otherwise prohibited or harmful manner or causes or encourages others to do so;
  • provides instructional information about illegal activities (e.g., illegal weapons, violating privacy, creating or transmitting computer viruses;
  • involves any commercial activity, advertising or sales, even if no money is exchanged;
  • solicits, induces or encourages others to provide Personal Information, passwords or any identifying information improperly, illegally, without authorization or under false pretenses, or causes or encourages others to do so, including from a minor;
  • contains any personal information or information or profile information that is not yours or which should not be shared publicly or without the owner’s or rights holder’s consent; or
  • disparages, tarnishes or otherwise could adversely affect us or any of the Services.

We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials. You shall be solely liable for any damages resulting from any infringement of intellectual property or other proprietary or publicity right, or any other harm resulting from your use of the Website.

Your Representations and Warranties. You represent and warrant that your User Generated Content: a) is original to you or if not original you have obtained all rights necessary from the rights holder(s) and in all cases the User Generated Content is fully cleared as described above, and b) does not and will not, in any way, violate or breach these Terms and Conditions, any other agreement by which you may be bound, the rights of any other party, or any law, rule, regulation or court order. If your User Generated Content incorporates a name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you represent and warrant that you have the right to place such User Generated Content in the public domain.

Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify our designated agent for notice of claims of copyright or other intellectual property infringement (“Agent”).

NOTE: The following information is provided solely for notifying the service providers referenced below that your copyrighted material may have been infringed.

DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR ASSISTANCE, CUSTOMER SERVICE INQUIRIES, REPORTS OR E-MAIL ABUSE) TO THE AGENT LISTED BELOW.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Written Notification of Claimed Infringement must be submitted to the following Agent: Alice Lemoine, [email protected], P.O. Box 3417, Nederland, CO 80466

Service Provider(s): The International Communications Agency Network, Inc.

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:

  • An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
  • Identification of the copyrighted work (or works) that you claim has been infringed;
  • A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully found; the name, edition and pages of a book from which an excerpt was copied, etc.);
  • A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;
  • Your name, address, telephone number, and e-mail address;
  • A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  • Procedure for Sending a Counternotice If Your Posting Was Removed in Response to a Notice of Infringement and You Believe the Posting Is Not Infringing:
    • As explained above, if we receive a notice of infringement sent to our Agent with the information described above, we will expeditiously remove or block access to the material that is claimed to be infringing. We will also send a notification to the individual who posted the material, at the email address or wireless telephone number provided by the individual in connection with his or her account with us, telling the individual that the material was removed or access to it was blocked because of claimed infringement.
    • If you posted material that was removed in response to a notice of infringement and you believe that material was removed due to mistake or misidentification, you may request that we replace the posting by sending us a counternotice to our Agent for receiving notices of infringement, whose name and contact information is above. Your counternotice must be a written communication sent and must include substantially the following information:
      • A physical or electronic signature of the subscriber (you the user).
      • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
      • A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
      • The User’s name, address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the User’ s address is outside of the United States, for any judicial district in which the service provider may be found, and that the User will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
      • When we receive a counternotice that complies with these requirements, we reserve the right, but not the obligation, to restore the material that was removed after forwarding a copy of the counternotice to the person who sent the notice of infringement and waiting at least 10 business days. If, during those 10 business days, the person who sent the original notice of infringement notifies us that such person has instituted a suit to seek a court order to restrain the user from infringing activity relating to the material on our website, we will not replace the material. Otherwise, we may repost the material at our discretion. However, we retain the right to remove, block access to, or not restore material at any time for any reason without any liability to the posting individual. In particular, a person who sends a counternotice expressly acknowledges and agrees that we shall not be liable to the him/her under any circumstances for declining to replace material.

WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS NOT INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Third-Party Links. The Website may include hyperlinks to other websites, content or resources. We have no control over any websites, content or resources provided by third parties. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and do not endorse any advertising, products or other materials on or available from such websites or resources. You acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such third-party websites or resources.

Privacy. For information about our data protection practices, please read our privacy policy. This policy explains how we treat your personal information, and protect your privacy, when you use the Website. You agree to the use of your data in accordance with our privacy policy.

Limitation of Liability. To the fullest extent permissible by law, we shall not be liable to you for: (a) any indirect or consequential losses which may be incurred by you including, without limitation, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; (b) any loss or damage which may be incurred by you as a result of (i) any reliance placed by you on the completeness, accuracy or existence of any Content that appears on the Website; (ii) any changes which we may make to the Website, or for any permanent or temporary cessation in the provision of the Website (or any features within the Website);(iii) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Website; (iv) your failure to provide us with accurate account information; and/or (v) your failure to keep your password or account details secure and confidential. The limitations on our liability to you as set out above shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

Exclusion of Warranties. The website is provided "as is" and “AS AVAILABLE” AND NEITHER WE, NOR OUR LICENSORS, AGENTS OR SUPPLIERS (WE AND EACH OF THESE ARE INDIVIDUALLY AND COLLECTIVELY REFERRED TO AS THE "Affiliates") MAKE ANY warranty, EXPRESS OR IMPLIED, with respect to THE website. In particular, NONE OF THE Affiliates represent or warrant that: (a) use of the website will meet your requirements; (b) use of the website will be uninterrupted, timely, secure or free from error; (c) any information obtained by you as a result of your use of the website will be accurate or reliable; or (d) that defects in the website OR ANY ASPECT OR part of the website will be corrected. No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description, TITLE OR NON-INFRINGEMENT) apply to the website except to the extent that they are expressly set out in the Terms and conditions. IT IS SOLELY YOUR RESPONSIBILITY TO ENSURE EQUIPMENT, SOFTWARE, DEVICES, COMMUNICATION FACILITIES, INTERNET CONNECTIONS AND SYSTEMS FUNCTION CORRECTLY WITH THE website.

UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR UNAUTHORIZED USE OF the website, user generated content, SUBMISSIONS, CONTENT, MESSAGES OR OTHERWISE, BY OR FROM YOU OR ANYONE USING YOUR USER ID, REGISTRATION, PROFILE, E-MAIL ADDRESS, OR OTHER IDENTIFICATION.

Changes to the Website and the Terms and Conditions. We reserve the right to changes the Website and the Terms and Conditions at any time. We will notify you of any material changes by posting them on the Website. Once posted, changes become effective immediately unless we tell you otherwise. You should check this page often so that you remain aware of the terms and conditions of your agreement with us. If you use the Website after we post notice of a change, you will be deemed to have agreed to be bound by the changes.

Governing Law. The Terms and Conditions, and your relationship with us under the Terms and Conditions, shall be governed by the laws of the State of Colorado. Should a dispute arise concerning the Terms and Conditions or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Denver, CO, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Notwithstanding this, you agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

General Legal Terms. The Terms and Conditions constitute the whole legal agreement between you and ICOM and govern your use of the Website (but excluding any services which ICOM may provide to you under a separate written agreement), and completely replace any prior agreements between you and Empire in relation to the Website. You agree that we may provide you with notices, including those regarding changes to the Terms and Conditions, by email, regular mail, or postings on the Website. You agree that if we do not exercise or enforce any legal right or remedy which is contained in the Terms and Conditions (or which Empire has the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that provision will be removed from the Terms and Conditions without affecting the rest of the Terms and Conditions. The remaining provisions of the Terms and Conditions will continue to be valid and enforceable.