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Terms of Service - Last Updated: October 31, 2012
Welcome to Icon.me (the "Site") provided by Icon.me, LLC. ("Icon"). Any person who wishes to access the Site to submit, review or retrieve any content or to otherwise use any services or offerings made available through the Site (collectively, the "Services") must accept the terms and conditions of these Terms of Service (this "Agreement") without change.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU USE THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT, INCLUDING ANY MATERIALS AVAILABLE ON THE SITE OR THE SERVICES INCORPORATED BY REFERENCE HEREIN. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICES.
Icon reserves the right to change any of the terms and conditions contained in this Agreement, including the Fees (as defined below) and Services, or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. While we will endeavor to provide direct notice to you of any changes, you are responsible for periodically checking the Site to determine if any changes have been made and we are not liable for your failure to do so or our failure to provide such direct notice to you. Your continued use of the Site and the Services following any revision to this Agreement will constitute your acceptance of the changes or modifications to the Agreement. If you do not agree to any changes to this Agreement, do not continue to use the Services or this Site.
Section 1 - Subscription Types.
This Agreement commences on the date you first access or use the Services, whichever occurs first (the "Effective Date"). If made available to you by Icon, you may utilize the Services (or certain portions thereof), which includes both free and fee-based subscription services. Icon reserves the right to terminate any free Service at any time immediately upon notice by charging fees for access to and/or use of the formerly free Services at which time you may elect to continue to use the Services for so long as you make timely payments to Icon of any such fees, subject to early termination under Section 12.
Section 2 - Eligibility & Registration.
Use of the Site and the Services is limited to persons authorized to use the Services or the Site under the terms of this Agreement ("Users") that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, every person who uses the Services hereby represents to Icon that he or she is at least eighteen (18) years old or are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. You may not submit anything to the Site, or provide any information about yourself, to Icon unless you are at least 13 years old, even if you have the consent of a parent or guardian to do so.
You also agree to: (a) provide true, accurate, current and complete information about yourself and your Icon account as prompted by the Site's registration form, including, name, home and business addresses, emails and telephone numbers (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or Icon has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Icon has the right to suspend or terminate your account and refuse you any and all current or future use of all or portions of the Services.
Section 3 - License Grant and Restrictions.
Unless otherwise indicated, the Site, the Services and all content and other materials therein, including, without limitation, the Icon logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Icon Materials") are the proprietary property of Icon or its licensors or users and are protected by U.S. and international copyright laws. During the term of this Agreement, Icon hereby grants you a limited, non-exclusive, non-transferable, worldwide right to access and use for your own benefit only the Site, the Services and the Icon Materials, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Icon. You may not access the Services if you are a competitor of Icon or for purposes of monitoring the availability, performance or functionality of the Services, or for any other benchmarking or competitive purpose. You also agree not to: (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Site, the Services or the Icon Materials in any way, including, without limitation, providing your User ID (as defined below) and password to any third party to allow such party to access and use the Services; (b) modify or make derivative works based upon the Site, the Services or the Icon Materials; (c) create Internet "links" to the Site or "frame" or "mirror" any portion of the Site on any other server or wireless or Internet-based device; (d) reverse engineer or access the Site, the Services or the Icon Materials in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the Site or Services; (e) use any data mining, robots or similar data gathering or extraction methods; or (f) use the Site, the Services or the Icon Materials other than for their intended purpose. Any use of the Site, the Services or the Icon Materials other than as specifically authorized herein, without the prior written permission of Icon, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to icon's intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
Section 4 - Account, User ID, Password and Security.
To use the Services, you must register to create an account with Icon. To create an account, (a) you may be asked to establish a password and user name, or (b) alternatively, if supported by Icon, you may be required to login using your account credentials from third party social network and/or identity providers (any such account credentials described in (a) or (b), your "User ID"). Your User ID is for your personal use only and you may not allow any other party to use your User ID. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your User ID. You agree to immediately notify Icon of any unauthorized use of your password or User ID or any other breach of security of which you are aware. Icon is not liable for any loss or damage arising from your failure to comply with this Section 4. You agree not to create multiple User IDs in an effort to obtain multiple rights to use the Services.
Section 6 - Proprietary Rights; Submitted Content.
Icon shall own all right, title and interest, including all related patents, patent applications, mask works, copyrights, moral rights, trade secrets, know-how and other proprietary rights ("Proprietary Rights"), in and to all of Icon's proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by Icon in providing the Site, the Services and the Icon Materials. "Icon," "Make Your Mark," the Icon logos and any other Icon product or service name or slogan contained on the Site or Services are trademarks of Icon (the "Icon Marks"). Without Icon's prior written permission, you agree not to display or use in any manner, the Icon Marks.
Icon does not claim ownership of any materials displayed or performed on the Site by you, including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips that you submit to the Site in the course of using the Services (including personal data obtained by or otherwise transferred to Icon from any third party social network and/or identity providers) (collectively, "Submitted Content"). You, and not Icon, shall have sole responsibility for backing up any Submitted Content and for the accuracy, quality, integrity, lawfulness, reliability, appropriateness to use all Submitted Content, and Icon shall not be responsible for the deletion, correction, destruction, damage, loss or failure to store any Submitted Content. However, with respect to any Submitted Content, you hereby grant Icon a worldwide, royalty-free, non-exclusive, perpetual, irrevocable and fully sublicensable license to use, store, distribute, reproduce, modify, adapt, publish, translate, create derivative works from, publicly perform and publicly display such Submitted Content (in whole or in part) and to incorporate such Submitted Content into other works throughout the world in any format or medium now known or later developed for the purposes of providing the Services to you, including without limitation the right to use your name, likeness, voice or identity.
In the event this Agreement is terminated for any reason, Icon may remove or discard any Submitted Content at any time without notice and in its sole discretion. Icon shall not be liable or responsible for any losses or damages caused by removal or deletion of Submitted Content.
Section 7- User Conduct.
You shall at all times comply with any Icon guidelines communicated or made available to you related to the Site or Services. You understand that all Submitted Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Submitted Content originated. This means that you, and not Icon, are entirely responsible for all Submitted Content that you upload, post, transmit, or otherwise make available via the Site or Services. Icon does not control the Submitted Content posted via the Services and, as such, does not guarantee the accuracy, integrity, or quality of such Submitted Content. You understand that by using the Services, you may be exposed to Submitted Content that is offensive, indecent, or objectionable. Under no circumstances will Icon be liable in any way for any Submitted Content, including, but not limited to, for any errors or omissions in any Submitted Content, or for any loss or damage of any kind incurred as a result of the use of any Submitted Content posted, transmitted or otherwise made available via the Site or the Services.
In addition to any additional restrictions communicated or made available to you by Icon, you also agree to not use the Services to:
upload, post, email, transmit or otherwise make available any Submitted Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, false, misleading, fraudulent, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submitted Content transmitted through the Services;
upload, post, email, transmit or otherwise make available any Submitted Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
upload, post, transmit or otherwise make available any Submitted Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
upload, post, transmit or otherwise make available any Submitted Content that infringes the Proprietary Rights of any party;
upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials or any other form of solicitation;
send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Site or the Services or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
intentionally or unintentionally violate any applicable local, state, national or international law;
collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above; and/or
do anything that Icon determines inappropriate in its sole discretion.
Enforcement of the user conduct rules set forth in this Section is solely at Icon's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site or Services will not contain any Submitted Content that is prohibited by such rules. You acknowledge, consent and agree that Icon may access, preserve and disclose your account information and Submitted Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of this Agreement; (c) respond to claims that any Submitted Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Icon, its users and the public.
Section 8 - Submissions
Separate and apart from Submitted Content, you may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Icon, the Site or the Services (collectively, "Submissions"). Submissions, whether posted to the Site or the Services or provided to Icon by email or otherwise, are non-confidential and shall become the sole property of Icon. Icon shall own the exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Section 9 - Third Party Interactions.
During your use of the Services, you may enter into correspondence or agreements with, purchase goods and/or services from, or participate in promotions of other third parties. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. Icon shall not be liable or responsible for any losses or damages caused by such activity.
Section 10 - Fees and Billings.
Icon reserves the right at any time to charge fees for access to all or part of the Services ("Fees"). Icon reserves the right to change the amount of, or basis for determining, any Fees for the Services, and to institute new Fees effective immediately upon prior notice to you. Therefore, if at any time Icon requires a fee for portions of the Services that were previously free, Icon will inform you in advance notice of such Fees. Icon reserves the right to offer special offers of the Services and to provide the Services at no charge for promotional reasons or otherwise (such as a free trial).
Section 11 - Non-Payment and Suspension.
Your right to use the Site and Services is subject to any limits established by Icon or by your payment method. If payment cannot be charged to your specified payment method or your charge is returned to Icon for any reason, including chargeback, Icon reserves the right to either suspend or terminate your access and account, thereby terminating this Agreement and all obligations of Icon hereunder. If you have a balance due on your Icon account, you agree that Icon can charge any unpaid Fees to your specified payment method. In cases where you fail to provide payment under this Agreement, you shall bear default interest after the due date at the rate of 18% per year or the highest amount permitted by applicable law (whichever is less), which shall be calculated on a per diem basis of a year of 365 days.
Section 12 - Termination; Survival.
You or Icon may terminate this Agreement at any time by canceling or unsubscribing the Services in the Accounts tab of the Site. Icon shall be entitled to terminate this Agreement, and also terminate or suspend any and all Services and your access to the Site immediately in Icon's sole discretion, without prior notice or liability and for any reason, including, but not limited to:
- 1. You breach any of the provisions in this Agreement;
- 2. You become insolvent, or an application for a proceeding for the bankruptcy or other similar proceeding has been instituted by you or against you;
- 3. Your entity dissolves, liquidates, is wound-down, ceases to do business, sells or disposes of all or substantially all of its assets or is acquired (by sale of stock or otherwise);
- 4. Icon determines that continuation of the Services for you is not permitted by applicable law or is otherwise inappropriate.
- Upon termination of your account, your right to access the Site and use the Services will immediately cease. Sections 5, 6, 8, 10, 11, 12, 14 through 18 and 22 shall survive termination of this Agreement for any reason.
Section 13 - Technical Support Services.
Icon does not offer and will not provide any technical support services for use of the free Services. Technical support services may be available only for Fee-based Services, in Icon's sole discretion, and the terms and conditions of any such technical support services shall become effective upon posting of the applicable revision to this Agreement and a notice on the Site.
Section 14 - Third Party Content.
The Site may provide, or third parties may provide, links to or portions of other third party sites, content or resources ("Third Party Content"). Because Icon has no control over Third Party Content, you acknowledge and agree that Icon is not responsible for the availability of such Third Party Content, and does not endorse and is not responsible or liable for any advertising, products, or other materials on or available from such Third Party Content. You further acknowledge and agree that Icon shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third Party Content.
Section 15 - Indemnity.
You agree to indemnify and hold Icon, and its subsidiaries, affiliates, shareholders, officers, agents, and employees, harmless from any claims, damages, costs, liabilities, expenses or demands, including without limitation reasonable attorneys' fees, made by any third party due to or arising out of (a) Submitted Content and Submissions you submit, post, transmit or make available through the Services, (b) your access or use of the Site, the Services or the Icon Materials, (c) your violation of this Agreement, including, without limitation, the restrictions in Section 7 above, (d) your conduct in connection with the Site or the Services, or (e) your violation of any applicable law or infringement of any intellectual property or other right of any other person or entity.
Section 16 - Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. THE SITE, THE SERVICES AND THE ICON MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ICON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
(b) ICON MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, AVAILABLE, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) ICON MAKES NO WARRANTY THAT ANY OF YOUR SUBMITTED CONTENT WILL NOT BECOME LOST OR IRRETRIEVABLE. FOR THIS AND OTHER REASONS, YOU ACKNOWLEDGE AND UNDERSTAND THE IMPORTANCE OF BACKING UP ALL SUBMITTED CONTENT AND FILES TO ANOTHER STORAGE MECHANISM PRIOR TO USE OF THE SERVICES. YOU UNDERSTAND AND ACCEPT THE RISKS IF YOU DECIDE NOT TO BACK UP SUBMITTED CONTENT AND FILES. NEITHER ICON NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY SUBMITTED CONTENT, FILES OR DATA.
Electronic Communications Privacy Act Notice (18 U.S.C. Sections 2701-2711): ICON MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITE. Icon will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Submitted Content stored on Icon's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Services.
Section 17 - Internet Delays.
The Services may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Icon is not responsible for any delays, delivery failures, or other damages resulting from such problems, including, without limitation, problems in the transmission of data between the Site and your web browser.
Section 18 - Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ICON SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE (EVEN IF ICON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Section 19 - No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
Section 20 - Notice and Procedure For Making Infringement Claims.
Icon respects the intellectual property of others, and we ask our Users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Icon has adopted a policy of terminating, in appropriate circumstances and at Icon's sole discretion Users who are deemed to be repeat infringers. Icon may also at its sole discretion limit access to the Site and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Site or the Services infringes upon any copyright which you own or control, you may file a notification of such infringement via email to email@example.com
Please see 17 U.S.C. Section 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Section 21 - Child Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230(d) as amended, Icon hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the GetNetWise Coalition website,
Section 22 - General Information.
22.1 Entire Agreement. This Agreement constitutes the entire agreement between you and Icon and governs your use of the Site and the Services, superseding any prior agreements between you and Icon with respect to the Site and the Services.
22.2 Choice of Law and Forum. This Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of Texas, without giving effect to any conflicts of laws principles that require the application of the law of a different state. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Austin, Texas, U.S.A., regarding any and all disputes relating to this Agreement or your use of the Service. You also agree to submit to the personal jurisdiction of the courts located within Travis County, Texas for the purpose of litigating all such claims or disputes.
22.3 Waiver and Severability of Terms. The failure of Icon to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
22.4 Assignment. This Agreement is not assignable, transferable or sublicensable by you except with Icon's prior written consent. Any attempt to assign or transfer in violation of the foregoing shall be null and void. Icon shall be entitled to transfer this Agreement and/or any rights and obligations under this Agreement for any reason including, without limitation, in connection with the acquisition of all or substantially of its capital stock or assets, whether by merger, operation of law or otherwise.
22.5 Force Majeure. Icon shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Icon's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference), fire, power cut, hacking, attack of computer virus, earthquake, flood, war, embargo, strike, riot, inability to secure materials and transportation facilities, or the intervention of any governmental authority.
Collection of Information
Icon may collect information about you in various ways.
First, we collect information you provide to us, such as when you create an Icon account, use Icon's services, subscribe to an Icon newsletter or sign up to participate in a promotion or survey offered by Icon. The types of information we may collect include your email address, password, business card, and any other contact, historical, demographic or other information you choose to provide.
Second, we may automatically collect certain information about you when you use the Site, including as follows:
Log Information. We log information about how you use our Site, including your access times, browser types and language, internet service provider ("ISP"), referring/exit pages, platform type, number of clicks and Internet Protocol ("IP") addresses.
Information Collected by Cookies and Web Beacons. We use various technologies to collect information, and this may include sending cookies to your computer or mobile device and using web beacons. Cookies are small data files that are stored on your hard drive or in device memory by a website. Web beacons are electronic images that may be used in our Site or emails. Most browsers are set to accept cookies by default, but you can usually change your browser settings to remove and/or reject cookies. If you set your browser to remove or reject cookies, however, please note that our Site may not function properly.
Finally, we may also collect information about you from third parties and combine that with information we collect through our Site. For example, when you authorize Icon to connect to certain third-party social networking sites, we will access information about you from those sites, including but not limited to your name, email address, photos, account information, friends lists, check-in histories, and other information you make available through status updates, tweets, stories, posts, or otherwise. We collect this information in accordance with the privacy policies and authorization procedures determined by third-party social networking sites in addition to the privacy settings you establish with these sites. For more information, please refer directly to the privacy policies of the relevant third-party social networking sites.
Use of Information
Provide, maintain and improve the Site and to deliver the information and support you request, including technical notices, security alerts and support and administrative messages;
Communicate with you about our or third party products, services, offers, promotions, rewards, and events and provide other news and information about Icon and our select partners;
Monitor and analyze trends, usage and activities in connection with our Site;
Retain your preferences and account settings and determine whether an email has been opened and acted upon;
Personalize and improve the Site and provide content or features that match user profiles or interests;
Process and deliver contest entries and rewards; and
Link or combine with other information we get from third parties to help understand your needs and provide you with better service.
Icon may store and process personal information in the United States and other countries.
Disclosure of Information
Icon may share personally identifiable information about you as follows:
With third party vendors, consultants and other service providers who work on our behalf and need access to your information to carry out their work for us;
With other Icon users or the general public in accordance with the privacy settings you establish through our Site (please see "Your Information Choices" below for information on how to manage your sharing preferences);
When required by law, or if we have good faith belief that such action is reasonably necessary to (a) comply with current judicial proceedings, a court order or legal process served on us, (b) protect and defend our rights, property and interests, including by enforcing our agreements, policies and Terms of Service (TOS) or (c) protect the rights, property, and other interests of our users or others;
In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company; or
With your consent to share the information.
We may also share aggregated, non-personally identifiable information with third parties.
Third Party Analytics
This Site may contain links to and portions of other sites. Icon is not responsible for the privacy practices or content of these other sites. Prior to accessing or using these sites, we encourage you to read the privacy statements of these sites. This privacy statement applies solely to information collected by Icon.
We take reasonable measures, including administrative, technical, and physical safeguards, to help protect personal information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction.
Your Information Choices
Account Information. You may change your privacy settings and determine how much information will be shared with Icon users and the general public at any time by logging into your account and changing the settings under the "Account" tab. You may update or correct information about yourself by logging into your account at any time. You may also email us if you wish to deactivate your account, but even after you deactivate your account, we may retain archived copies of information about you and your transactions for a period of time that is consistent with applicable law.
Promotional Communications. You may opt out of receiving promotional emails or text messages from Icon by following the instructions in those emails or text messages. If you opt out, we may still send you non-promotional communications, such as messages about your account or our ongoing business relations.
Notification of Changes
You may contact us at firstname.lastname@example.org