0. DEFINITIONS

0.1. Iconfu is the operator of the iconfu.com website.

0.2. You are a user of the iconfu.com website.

0.3. The Services are the iconfu.com website and any and all services originating from Iconfu available on the iconfu.com website.

0.4. Content is any text, image, message, tag, software or other data or material available via the Services.

0.5. The Agreement is the Terms of Service Agreement described hereunder.

1. AGREEMENT

1.1. This Agreement constitutes the entire agreement between You and Iconfu and governs your use of the Services, superseding any prior agreement between You and Iconfu.

1.2. By accessing or using any of the Services provided by Iconfu, or by accepting the terms of this Agreement, You represent that You are of legal age to form a binding contract, and You accept that You are legally bound by this Agreement.

1.3. Iconfu reserves the right to modify or amend this Agreement at any time, for any reason, or for no reason at all, at Iconfu's sole discretion. The most recent version of this Agreement will be available on the Iconfu website. You are responsible for keeping yourself informed of any such modifications or amendments. Your only recourse in the event of disagreement with the Agreement is to terminate your registration with and use of Iconfu immediately. This version of the Agreement is in effect as of 1st October, 2008 .

1.4. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the Agreement. The remaining provisions of the Agreement will continue to be valid and enforceable.

1.5. You agree that if Iconfu does not exercise or enforce any legal right, provision, or remedy which is contained in the Agreement (or which Iconfu has the benefit of under any applicable law), this will not be taken to be a formal waiver of Iconfu?s rights and that those rights, provisions, or remedies will still be available to Iconfu.

1.6. The section titles in the Agreement are for convenience only and have no legal or contractual effect.

2. ICONFU SERVICES

2.1. Iconfu reserves the right to discontinue any or all of the Services at any time, for any or for all users, for any reason or for no reason at all, at Iconfu's sole discretion, with or without notice to You, and with no obligation of any kind to You or to any third party.

2.2. You acknowledge and agree that the form and nature of the Services which Iconfu provides may change from time to time without prior notice to You.

2.3. Iconfu may set limits on Your use of the Services at any time, with or without notice to You, at Iconfu's sole discretion.

2.3. You may stop using the Services at any time. You do not need to inform Iconfu when you stop using the Services.

3. MONITORING AND CONDUCT

3.1. Your use of the Services is subject to all applicable national and international laws, and to the following rules of conduct:

3.1.1. You shall not use the Services to distribute content unless the copyright owner of the Content (whether You or a third party) agrees to publish said content under a licence that allows others to re-use, re-mix, and redistribute said content, and in particular agrees to Paragraph 4.5. of this Agreement below.

3.1.2. You shall not engage in any activity that constitutes harassment of another member.

3.1.3. You shall not post links to any other web page containing material that is not relevant to the business or culture of icon-building.

3.1.4. You shall not attempt to interfere with any other person's use of the Services or with their ability to use the Services.

3.1.5. You shall not use the Services to distribute content that is offensive: either obscene, profane, defamatory, threatening, libelous, harmful, hateful, vulgar, or otherwise objectionable in any way.

3.1.6. You shall not use the Services to promote or encourage illegal activities.

3.1.7. You shall not use the Services for any unlawful purpose.

3.2. Iconfu shall have the right, but not the obligation, to monitor and screen the behaviour of any users, or all users, of the Services. In case of objectionable behaviour, including but in no way limited to behaviour in breach of the Rules of Conduct, Iconfu reserves the right to take any action it considers necessary, including but not limited to the following:

3.2.1. Deletion of objectionable material,

3.2.2. Termination of registration,

3.2.3. Deletion of accounts,

3.2.4. Blocking of IP addresses or ranges.

3.3. Iconfu may take such action immediately and without notice. Any and all judgements concerning the behaviour of any user of the Services, and any decision consequent to such behaviour, shall be solely and exclusively at Iconfu's discretion.

4. CONTENT

4.1. You understand that all Content made available via your use of the Services, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that You, and not Iconfu, are entirely responsible for all Content that You make available via the Services.

4.2. Iconfu does not control the Content distributed via the Services and, as such, does not guarantee the accuracy, integrity or quality of any such Content. You understand that by using the Services, You may be exposed to Content that is offensive, indecent or objectionable. In particular, You may be exposed to Content concerning which false claims are made with respect to its copyright status.

4.3. Under no circumstances will Iconfu be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.

4.4. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content, and including any reliance on the accuracy or truth of claims made concerning the copyright status of any such Content. In this regard, you acknowledge that you may not rely on any Content created by Iconfu, created using the Services, submitted to Iconfu, or uploaded to or distributed via the Services.

4.5. By uploading, publishing, creating, or otherwise making Content available via the Services, you give Iconfu an irrevocable, permanent, and worldwide right to host and redistribute the Content via the Services. This provision is a bilateral agreement between the copyright owner of the Content and Iconfu, and overrides any provision to the contrary in the license under which the Content is distributed, but does not affect any other provision of said license.

5. YOUR PASSWORD, ACCOUNT AND SECURITY

5.1. You will receive a password and account upon completing the Services' registration process.

5.2. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.

5.3. You agree to (a) immediately notify Iconfu of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.

5.4. Iconfu cannot and will not be liable for any loss or damage arising from your failure to comply with this section of the Agreement.

5.5. You acknowledge and agree that if Iconfu terminates your account, or disables access to your account, you may be prevented from accessing the Services, your account details, or any files or other Content which is managed by your account.

6. NO WARRANTY

6.1. YOU AGREE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, ICONFU DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ICONFU WEBSITE AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, ICONFU DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE ICONFU WEBSITE OR SERVICES ACCESSED THROUGH ANY LINKS ON THE ICONFU WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, ICONFU DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE ICONFU WEBSITE OR SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

7. LIMITATION OF LIABILITY

7.1. Iconfu, its affiliates, subsidiaries, assigns, agents, directors, successors, officers, licensors, employees, service providers, and suppliers shall not be liable to you for:

(A) any indirect or consequential losses which may be incurred by you. This shall include 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 accuracy of any Content that you may access via the Services, or any use by you of such Content;

(ii) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services;

(iii) any changes which Iconfu may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);

(iv) 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 Services;

(v) your failure to provide Iconfu with accurate account information;

(vi) your failure to keep your password or account details secure and confidential;

7.2. The limitations on Iconfu?s liability to you in paragraph 7.1 above shall apply whether or not Iconfu has been advised of or should have been aware of the possibility of any such losses arising.

7.3. UNDER NO CIRCUMSTANCES SHALL ICONFU BE LIABLE ON ACCOUNT OF YOUR USE OR MISUSE OF THE ICONFU WEBSITE OR SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE ICONFU WEBSITE OR SERVICES, FROM INABILITY TO USE THE ICONFU WEBSITE OR SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE ICONFU WEBSITE OR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ICONFU WEBSITE OR SERVICES OR ANY LINKS ON THE ICONFU WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ICONFU WEBSITE OR SERVICES OR ANY LINKS ON THE ICONFU WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

8. INDEMNIFICATION

8.1. You agree to indemnify and hold Iconfu, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute which may arise from a breach of terms of this Agreement. You agree to hold Iconfu harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Your violation of this Agreement.

9. AGREEMENT LANGUAGE

9.1. If You use the Services in any French-speaking country or territory, or enter into the Agreement in any French-speaking country or territory, you expressly agree to the following:

9.1.1. Vous reconaissez avoir lu et totalement compris ce Contrat redigé en langue anglaise. (You acknowledge that you have read and completely understood this Agreement, written in the English language.)

9.1.2. Vous acceptez que ce Contrat, ainsi tout avenant, annexe au dit Contrat, ou toute modification, substitution ou remplacement dudit Contrat, sera communiqué en langue anglaise. (You accept that this Agreement, and any subsequent amendment, annex or modification thereto, or any substitute or replacement Agreement, shall be communicated in the English language.)

9.1.3. Vous acceptez que toute communication entre Vous et Iconfu concernant ce Contrat sera faite en langue anglaise. (You accept that any communication between You and Iconfu on the subject of this Agreement shall be conducted in the English language.)