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Terms of Service

These Terms of Service (the "Agreement") are applicable to the websites located in the domain ICN.com (the "Website"). The Agreement shall govern your use of the ICN.com Website, any ICN.com applications for mobile devices you download, any ICN.com online services you access, including any updates, new versions or new releases thereof (any and all of the foregoing are referred to collectively and individually as the "Service" or the "Agreement"). YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING, USING AND/OR DOWNLOADING THE SERVICE, YOU AGREE TO BE LEGALLY BOUND BY AND HEREBY CONSENT TO THESE TERMS OF SERVICE AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU MAY NOT USE, ACCESS OR DOWNLOAD THE SERVICE. The USE OF THE SERVICE SIGNIFIES YOUR CONSENT TO THE AGREEMENT AND THE PRIVACY POLICY.

1. General Terms

(A) The Website ICN.com (Company name ICN), including but not limited to text, content, photographs, video, audio and graphics, and goods (the "Service"), is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights. All individual articles, columns and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. You acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by ICN.com Company, its general and limited partners, and its subsidiaries, and their respective general partners and affiliates and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of ICN.com and such others. You agree to protect the proprietary rights of ICN.com and all others having rights in the Service during and after the term of this Agreement and to comply with all reasonable written requests made by ICN.com Company or its suppliers and licensors of content, equipment, or otherwise ("Suppliers") to protect their and others' contractual, statutory, and common law rights in the Service. You agree to notify ICN.com Company in writing promptly upon becoming aware of any unauthorized access or use of the Service by any individual or entity or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the "Intellectual Property Rights") shall, as between you and ICN.com Company, at all times be and remain the sole and exclusive property of ICN.com. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to ICN.com for its exclusive use. Except as specifically permitted by the Terms of Service, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use the Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without ICN prior written approval.

(B) Registration. You may be given the opportunity to register via an online registration form to create a user account (your “Account”) that may allow you to receive information from ICN and/or to participate in certain features on the Site such as certain Interactive Areas, or have a type of subscription/temporary passes to certain ICN content. ICN will use the information you provide in accordance with ICN.com Privacy Policy. By registering you represent and warrant that all information that you provide on the registration form is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information on the Site so that it remains current, complete and accurate. During the registration process, you may be required to choose a password. You acknowledge and agree that ICN may rely on this password to identify you. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms of Service.

We offer subscription services through ICN.com and recommend that you read carefully the Terms of Service for more details and before purchasing a subscription.

Types of subscription/temporary passes: unless you purchase a subscription or temporary access pass to use ICN then your usage rights will be limited as set out for general access levels in Terms of Service and Privacy Policy. You may obtain broader usage rights by purchasing an ICN subscription or temporary access pass. We currently offer two levels of subscription called Free Temporary Pass and Subscribed Access. ICN reserves the right to vary the amount of content and types of service that it makes available to different categories of user which means that we may increase or reduce the content and services that are only available to paying subscribers or temporary access pass holders from time to time.

ICN will try to process your subscription or temporary access pass promptly but does not guarantee that your subscription or temporary access pass will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a subscription or temporary access pass. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment details and email address, at which point we will provide you with access to your subscription or temporary access pass. ICN reserves the right to reject any offer in its discretion, for any or no reason.

Payment details: when you subscribe or purchase a temporary access pass you must provide us with complete and accurate payment information. By submitting payment details you promise that you are entitled to purchase a subscription or temporary access pass using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription or temporary access pass and may in suspicious circumstances contact the issuing bank/payment provider and/or law enforcement authorities/other appropriate third parties. ICN, its employees, officers and directors, and its payment gateway service providers will not be liable for any actions, cause of actions or claims for the use of your information through the payment gateway service you are responsible for the information you provide to the payment services providers and are not responsible for any data or information provided. If you are entitled to a refund under these terms and conditions we will credit that refund to the card or other payment method you used to submit payment, unless it has expired in which case we will contact you.

Pricing: the subscription price and temporary access pass price will be made clear to you on our sign-up pages or otherwise during the sign-up process and may vary from time to time or by country. You agree to pay the fees at the rates notified to you at the time you take out your subscription or purchase your temporary access pass.

ICN will charge you in and not limited to British Pounds Sterling, United States Dollars, Euros, Singapore dollars, Australian dollars, Hong Kong dollars, Swiss Francs or Japanese Yen depending on the service and your country of residence. You may also have to pay any applicable local taxes. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. We will always tell you in advance of any increase in the price of your subscription and offer you an opportunity to cancel it if you do not wish to pay the new price.

If we incorrectly state a price to you whether online or otherwise, we are not obliged to provide you with a subscription or temporary access pass at that price, even if we have mistakenly accepted your offer to buy a subscription or temporary access pass at that price, and reserve the right to subsequently notify you of any pricing error. If we do this, you may cancel the subscription or temporary access pass without any obligation to us and we will refund you any money you have paid us in full or you may pay the correct price. If you refuse to exercise either of these choices then we may cancel your subscription or temporary access pass and will refund you any money you have paid us in full. We will always act in good faith in determining whether a genuine pricing error has occurred.

In addition to any subscription or temporary access pass fees you pay, you are responsible for paying any internet connection or other telecommunications charges that you may incur by accessing ICN or using the services available on it. For example, if you use any of our mobile services then your network operator may charge you for data or messaging services.

Renewals: if you chose to pay monthly, your subscription will continue until you tell us that you no longer wish to receive it, in which case you will stop paying the monthly fees. If you chose to pay annually, unless you notify us before the end of your annual subscription period that you no longer wish to receive it, your annual subscription will renew for another year. We will charge the subscription using the same card or other payment method that you previously used. We will notify you in advance of any changes to the price in your subscription that will apply upon renewal.

Cancellations by you: unless you cancel your subscription before we have started providing any part of it to you (in which case we will provide you with a full refund), then you agree that once we have started providing any part of your subscription to you, you do not have any right to cancel your subscription or any part of it until the end of your then current subscription period. This means that you are not entitled to a refund once we have started providing any part of your subscription to you, except in the very limited circumstances which are referred to in these terms and conditions. Although you may notify us of your intention to cancel at any time, such notice will only take effect at the end of your then current subscription period. You may notify us of your wish to cancel your subscription by contacting our Customer Services team at [email protected].

Cancellations by us: ICN reserves the right to suspend or terminate your subscription if you breach these terms and conditions, with or without notice and without further obligation to you. You will not be entitled to any refund in these circumstances. If however we terminate or suspend your subscription for any other reason and/or permanently cease publishing ICN.com, ICN Content or cease to provide subscription services then, unless there are exceptional circumstances, we will provide you with a pro rata refund, which means that we will refund you with any amounts that you have paid us in advance that relate to any remaining and unexpired period of your subscription.

(C) Changes to Terms of Service. ICN may modify the Terms of Service, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Service after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions. These terms and conditions were published on September 09, 2013 and replace with immediate effect the terms and conditions previously published on January 26, 2011. Changes were made to Section 1.

2. Community Guidelines & User Content

(A) Interactive Areas. ICN.com may contain comments sections, discussion forums, bulletin boards, blogs, chat, or other interactive features ("Interactive Areas”) in which you may post or upload comments or user-generated content such as video, photos, messages, other materials or items (collectively, “User Content"). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. By submitting User Content to an Interactive Area, you represent that you are 18 years of age or older and, if you are under the age of 18, you have obtained the legal consent of your parent or legal guardian to enter into these Terms of Service, submit content, participate on ICN.com, and fulfill the obligations set forth in these Terms of Service, which forms a binding contract between you and ICN.

(B) Community Guidelines. If you submit any User Content or participate in an Interactive Area within or in connection with ICN.com, you agree to abide by the following rules of conduct:

•You agree not to upload, post or otherwise transmit any User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others.

•You agree not to upload, post or otherwise transmit any User Content that is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity.

•You agree not to upload, post or otherwise transmit any material that contains or advocates pornography, pedophilia, incest, bestiality, or that is otherwise obscene.

•You agree not to upload, post or otherwise transmit any User Content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability. You agree not to upload, post or otherwise transmit any User Content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them.

•You agree not to upload, post and/or otherwise transmit, without ICN's written prior approval, User Content which contains advertising or any solicitation with respect to products or services.

•You agree not to impersonate any person or entity, including, but not limited to, any ICN employee, or falsely state or otherwise misrepresent your affiliation with any person or entity.

•You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about ICN.com users or posting private information about a third party.

•You agree not to upload, post and/or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component. You agree not to interfere with or disrupt ICN.com or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site. You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," and/or any other form of solicitation.

•You agree not to reproduce, duplicate, copy, sell, resell and/or exploit for any commercial purpose, any portion of ICN.com, use of ICN.com, or access to ICN.com. You agree not to upload, post, or otherwise transmit any User Content protected by copyright, trademark, secrets of the trade, right of publicity and/or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, and right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by ICN, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on ICN.com.

(C) ICN shall have the right, but not the obligation, to monitor User Content posted or uploaded to ICN.com to determine compliance with these Terms of Service and any operating rules established by ICN and to satisfy any law, regulation or authorized government request. Although ICN has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to ICN.com, ICN reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to ICN.com at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Site at your sole cost and expense.

(D) User Content submitted by you will be considered non-confidential and ICN is under no obligation to treat such User Content as proprietary information except pursuant to the ICN Privacy Policy. Without limiting the foregoing, ICN reserves the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. ICN is under no obligation to offer you any payment for User Content that you submit or the opportunity to edit, delete or otherwise modify User Content once it has been submitted to ICN. ICN shall have no duty to attribute authorship of User Content to you, and shall not be obligated to enforce any form of attribution by third parties.

3. Disclaimer and Limitation of Liability.

(A) YOU EXPRESSLY AGREE THAT USE OF ICN.COM IS AT YOUR SOLE RISK. NEITHER ICN, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT ICN.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ICN.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH ICN.COM.

(B) ICN.COM, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE.

(C) You acknowledge that: (i) the Service is provided for information purposes only and is not intended for trading purposes; (ii) the Service may include certain information taken from stock exchanges and other sources from around the world; (iii) ICN does not guarantee the sequence, accuracy, completeness, or timeliness of the Service; (iv) the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which ICN is a party; (v) none of the information contained on this site constitutes a solicitation, offer, opinion, or recommendation by ICN to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or investment; and (vi) the information provided on this site is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation. Accordingly, anything to the contrary herein set forth notwithstanding, ICN, its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (a) inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data; (b) delays, errors, or interruptions in the transmission or delivery of the Service; or (c) loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.

(D) ICN.COM MAY OFFER HEALTH, FITNESS, NUTRITIONAL AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON ICN.COM DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ICN IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER'S PART BASED ON THE INFORMATION THAT IS PRESENTED IN ICN.COM.

(E) NEITHER ICN, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

(F) ICN disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing ICN.com, you acknowledge and agree to ICN’s disclaimer of any such liability. If you do not agree, you should not access or use ICN.com.

4. ICN, its parent company, subsidiaries and affiliates, own all rights to their logos and trademarks used in connection with the Site. All other logos and trademarks appearing on ICN.com are the property of their respective owners.
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