Legal Information, GENERAL TERMS OF SERVICE, INTRODUCTION, AND TABLE OF CONTENTS
Welcome to the Lycos Network, owned and produced by Lycos, Inc. and its subsidiary and affiliate corporations, successors, and assigns (collectively referred to as "Lycos"). The Lycos Network currently consists of various web pages at or linked to the URLs www.lycos.com, www.tripod.com, www.angelfire.com, and mail.lycos.com collectively referred to as the "Lycos Network," which may expand or change from time to time. The Lycos Network is currently one of the most visited hubs on the Internet. The Lycos Network provides leading Web search and navigation, communications and personalization tools, great massively-multiplayer real-time games with cash prizes, homepage building, Web community services and more. Integrated, these sites help each individual user locate, retrieve and manage information tailored to his or her personal interests. Unless explicitly stated otherwise, any new Products and Services (as defined below), including the addition of new Lycos Network properties shall be subject to these Terms of Service.
Lycos makes available a variety of products and services through the Lycos Network (collectively, the "Products and Services") subject to these General Terms of Service ("Terms of Service"). In addition, there are a variety of special products and services offered through the Lycos Network that have separate registration procedures and separate Terms of Service, terms of service, user agreements, or similar legal agreement. When you are using any service or product on the Lycos Network that does not have a separate legal agreement, the Terms of Service set forth here will apply. Lycos also may supplement the Terms of Service with posted guidelines or rules applicable to specific areas of the Lycos Network. In addition, the Lycos Network also may offer other services from time to time that are governed by the terms of service of the respective service partners.
Because the Terms of Service contain legal obligations, please read them carefully.
Please direct any legal questions to:
177 Huntington Ave Ste 1703 #60001
Boston, MA 02115-3151
with copy to:
The Terms of Service contain a variety of provisions that are generally applicable to the Products and Services and some provisions that apply to particular Products and Services. The following is a list of links to the various provisions in the Terms of Service. The headings contained in these provisions, and reflected in these links, however, are solely for your convenience and have no legal import. While this list of links may help you locate particular provisions, you should understand that you will be bound by the entire Terms of Service.
- Conditions and Restrictions on Use
- Registration and Privacy
- Responsibility for Minors
- Parental Controls and Child Safety
- Member And User Conduct
- License to User Content
- Web Publishing
- Disclaimer of Warranties
- Limitation of Liability
- Removal of Links
- Disclaimer Regarding Third Party Content
- Disclaimer Regarding Multimedia Search and Other Pictures, Movies, Streams and Sounds Located Through the Lycos Network Search Services
- The Lycos Network Image Gallery Disclaimer
- Advertisers and Content Linked to the Lycos Network
- The Lycos Network Logos and Search Boxes
- No License; Intellectual Property Rights of Lycos and Others
- Indemnity and Release
- Limitation of Action
- Copyright, and Trademark
- Claims of Copyright Infringement
- Arbitration, Governing Law, and Forum for Disputes
- Changes in Terms of Service and Changes in Products and Services
- Non-Waiver and Separability
- Relationship of Parties
- No Resale, Assignment, or Sublicensing
- Successors and Assigns
- Termination; Survival
- Communication with Users
- Submissions of Ideas
- Export Controls
- Violation of Terms of Service
By using the Products and Services, you are agreeing, without limitation or qualification, to be bound by, and to comply with, these Terms of Service and any other supplemental terms and conditions, posted guidelines or rules applicable to any individual Lycos Network web site, Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms of Service.
CONDITIONS AND RESTRICTIONS ON USE
Use of the Products and Services is subject to compliance with these Terms of Service. You acknowledge and agree that Lycos may terminate your access to the Lycos Network or to any of the Products and Services should you fail to comply with the Terms of Service or any other guidelines and rules published by Lycos. Any such termination shall be in Lycos's sole discretion and may occur without prior notice, or any notice. Lycos further reserves the right to terminate any user's access to the Lycos Network or to any of the Products and Services for any conduct that Lycos, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Lycos or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Lycos further reserves the right to terminate any user's access to the Lycos Network or to any of the Products and Services for any reason or for no reason at all, in Lycos's sole discretion, without prior notice, or any notice.
In order to use the Products and Services, users must have access to the World Wide Web and must navigate the Internet to http://www.lycos.com/ or another of the URLs associated with the Lycos Network. Be aware that the majority of the Lycos Network is for general audiences, although there are certain areas on the Lycos Network that contain adult or mature content. Where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. There are also other (mainly commerce-related) areas of the Lycos Network not open to persons under 18 years of age. With respect to general audience content, if Lycos learns that anyone under the age of 13 has accessed the Products and Services, Lycos will require verified parental consent, in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA"). Certain areas of the Lycos Network, however, may not be available to children under 13 under any circumstances.
Lycos does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
REGISTRATION AND PRIVACY
Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various Lycos Network registration forms ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Lycos has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Lycos has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.
RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THE LYCOS NETWORK MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
PARENTAL CONTROLS AND CHILD SAFETY
Certain material available on the Internet is not appropriate for minors. To prevent or limit your children's access to such materials, a number of parental control protections (such as computer hardware, software, or filtering services) are commercially available. For more information on such parental control protections, click here. To review our Notice Regarding the Privacy of Children Under 13 While on the Lycos Network, click here.
MEMBER AND USER CONDUCT
Upon registering, you will receive a password and Lycos Network ID. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify Lycos 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. The Lycos Network cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the Lycos Network, are entirely responsible for all Content that you upload, post, e-mail or otherwise transmit via the Services. The Lycos Network does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and Agree that by using the Products and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Lycos Network be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, e-mailed or otherwise transmitted via the Products and Services. As a general matter, Lycos does not pre-screen user or third party Content posted on the Lycos Network, except for certain areas where Lycos employs certain automated screening software, although Lycos reserves the right to do so. Lycos does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. Lycos reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms of Service or any other rules or guidelines posted by Lycos.
The Products and Services may only be used for the intended purpose for which such Products and Services are being made available. The intended purpose of site building software on the Lycos Network is to maintain, publish and produce web sites on the Lycos Network that are consistent with these Terms of Service.
You agree that you will not use Lycos Network Products and Services to:
- Upload, post, e-mail, otherwise transmit, or post links to any Content, or select any member or user name or e-mail address, that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
- Upload, post, e-mail, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
- Upload, post, e-mail, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
- Harm minors in any other way.
- Make any sexual request on behalf of a minor or make any sexual request of a minor.
- "Stalk" or otherwise harass another.
- Collect or store personally identifying information about other users for commercial or unlawful purposes.
- Impersonate any person or entity, including, but not limited to, a Lycos Network official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Employ misleading e-mail addresses or falsify information in the header, footer, return path, or any part of any communication, including e-mails, transmitted through the Products and Services.
- Upload, post, e-mail, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Upload, post, e-mail, or otherwise transmit, or post links to any Content that facilitates hacking.
- Upload, post, e-mail, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
- Making available copyrighted software or other Content that has had the copyright protection removed.
- Making available serial numbers for software that can be used to illegally validate or register software.
- Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
- Making available any software files for which the user does not own the copyright or have the legal right to make available.
- Upload, post, e-mail, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
- Upload, post, e-mail, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services or the Lycos Network.
- Use automated means, including additional computers, software and scripts, to enhance play in Lycos Network games and promotions.
- Use automated means, including spiders, robots, crawlers, or the like to download data from any Lycos Network database.
- Conduct your own contests and promotions.
- Upload, post, e-mail, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants.
- Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any Lycos database, including, without limitation, by incorporating data from any Lycos database into any e-mail or "white pages" products or serviced, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.
- Sell, distribute, or make any commercial use of data obtained from any Lycos database or make any other use of data from any Lycos database in a manner which could be expected to offend the person for whom the data is relevant.
- Create and maintain a Lycos Network web page (including, but not limited to, an Angelfire, or Tripod home page) that (i) redirects to another web page or (ii) stores or hosts content for remote loading by other web pages. For example, you cannot create a Tripod home page, post pictures to the Tripod home page, and have other web pages call the Tripod home page to retrieve those pictures.
- Create and maintain a Lycos Network web page that contains hyperlinks to content not permitted on the Lycos Network.
- Disrupt the normal flow of dialogue in a chat room, cause a screen to "scroll" faster than other users of the Products and Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
- Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services.
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
- Use the Products or Services to sell, purchase, or offer to sell or purchase any registered or unregistered securities.
- Upload, post, e-mail, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
- Disobey any Lycos employee or representative or interfere with any action by any Lycos employee or representative to redress any violation of these Terms of Service.
- Access the Products and Services after your account or access has been terminated by Lycos.
- Fail to complete any transaction after submitting an order to purchase any goods or services from individual Merchants in Lycos Shop subject to the individual Merchant's or seller's Terms of Service governing such transactions.
- Submit any order to purchase goods or services from individual Merchants in Lycos Shop where you do not intend to complete the transaction.
- Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user's alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.
- Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of Lycos or the party from whom such software may be licensed.
- Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.
- Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law.
- Upload, post, e-mail, otherwise transmit, or post links to any material, or act in any manner that is offensive to the Lycos Network community or the spirit of these Terms of Service.
- Advertise, offer for sale, or sell any of the following items:
- Any firearms, explosives, or weapons.
- Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
- Any alcoholic beverages.
- Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
- Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
- Any controlled substances or pharmaceuticals.
- Any items that are counterfeit or stolen.
- Any dangerous items.
- Any goods or services that do not, in fact, exist.
- Any registered or unregistered securities.
- Any items that violate or infringe the rights of other parties.
- Any items that you do not have the legal right to sell.
- Any items where paying Lycos any of the required transactional or listing fees would cause Lycos to violate any law.
You acknowledge and agree that the Lycos Network and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation Lycos and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms of Service or is otherwise objectionable as determined by Lycos, in its sole discretion. Lycos may also terminate access to, or membership in, the Lycos Network, or any portion thereof, for violating these Terms of Service. You acknowledge and 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. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of the Lycos Network, including without limitation, information posted on message boards.
Lycos also may suspend or terminate any user account for any Product or Service because of user inactivity. For example, a Lycos Mail account may be terminated or suspended if a user fails to sign-in to the Lycos Mail Service for an extended period of time; please see the Lycos Mail Help section for more information regarding Lycos Mail's policies concerning account termination. What is considered "user inactivity" varies depending on the Product or Service. If one of your accounts is suspended or terminated for inactivity, your right to use such Product or Service immediately ceases.
LICENSE TO USER CONTENT
With respect to any Content posted by or in connection with the Products and Services, you grant Lycos a world-wide, royalty free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create compilations including, create derivative works of, and distribute such Content to publish and promote such Content in connection with the particular Products and Services and to publish and promote such Content elsewhere within the Lycos Network. Such license shall apply with respect to any form, media, or technology now known or later developed.
Lycos offers subscription and unpaid versions of its electronic mail services. For users of the unpaid mail services, Lycos reserves the right, in its sole discretion, to limit the amount of storage space available per user or to delete materials stored for an excessive period while the user's account has been inactive. Specifically, Lycos reserves the right, in its sole discretion, to delete any materials (including e-mails) stored in connection with an unpaid Lycos Mail account if the user's account has been inactive for thirty (30) days. If you subscribe to Lycos Mail, you agree to be bound by the subscription agreement.
WEB PUBLISHING (ANGELFIRE, TRIPOD, DOMAINS)
In General. Lycos offers versions of the Angelfire, and Tripod that are free of charge, exclusive of Internet or other telecommunications and computer equipment charges and fees. Any aspect of such services may be modified by Lycos for any reason or for no reason at all, in Lycos's sole discretion, without prior notice, or any notice. Lycos allows one unpaid Angelfire or Tripod membership, per individual with a legitimate electronic mail address. If a user of the unpaid version of Angelfire, or Tripod does not build a homepage within twenty eight (28) days after registering for such service, Lycos may delete such member's Angelfire, or Tripod account. Lycos also offers subscription versions of the Angelfire, Tripod, and Domains services. If you subscribe to such services, you agree to be bound by the subscription agreement.
Services License. By submitting a web page to the unpaid versions of Angelfire, Tripod, or any other unpaid web page hosting service on the Lycos Network, you grant Lycos a royalty-free, nonexclusive, worldwide, unrestricted license to use, copy, transmit, publicly display, publicly perform, create compilations including, and distribute such web page, and any associated Content, for the limited purposes of publishing and promoting the user's web page in connection with the particular service with which the user has chosen to have the web page hosted and for publishing and promoting such web page elsewhere within the Lycos Network. Such license shall apply with respect to any form, media, or technology now known or later developed. The term of the license will extend only for the duration of the user's membership with the particular Lycos Network service (e.g., Tripod, or Angelfire). In the event that such membership is terminated, Lycos will relinquish all rights to the user's Content as described above following the duration of any applicable promotional activities ongoing at the time the membership is terminated.
Scraping. With certain Web Publishing services, you may make your content available for "scraping." This means that you allow other users to copy your content and to incorporate it into their home pages. If you post content on your home page, and if you make it available for scrapping, you represent and warrant that (a) you are the owner of such content and (b) that the posting of such content by you - and the copying and posting of such content by another user - will not violate the copyright, patent, trademark, trade secret, privacy, publicity, or other right of any party.
Advertisements. You acknowledge and agree that Lycos runs advertisements on the web pages of its users of unpaid services and grant Lycos the right to do so. These advertisements may include, without limitation, "banner" advertisements and "pop-up text" advertisements. The manner, mode, and extent of such advertising are subject to change.
Please read the entire Terms of Service as all Lycos Network properties, Products and Services are subject to these Terms of Service.
DISCLAIMER OF WARRANTIES
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY 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, LYCOS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, LYCOS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. LYCOS SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LYCOS DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. LYCOS DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. LYCOS DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. LYCOS MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY LYCOS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
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.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL LYCOS OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF LYCOS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE LYCOS NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT STORED THROUGHOUT THE LYCOS NETWORK.
UNDER NO CIRCUMSTANCES SHALL LYCOS OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
REMOVAL OF LINKS
The Lycos Network occasionally receives requests from people to remove links from the Lycos Network search services. Although the Lycos Network reserves the right to address such requests individually, the general approach that the Lycos Network takes reflects the following principles: The catalogs and databases used in connection with the Lycos Network search services consist of information that has been identified, indexed and compiled through an automated process with no advance review by human beings. Given the enormous volume of web site information added, deleted, and changed on a frequent basis, the Lycos Network cannot and does not screen anything made available through the Lycos Network search services' catalogs and databases. In other instances, the Lycos Network makes available directories, indices, and references consisting of content that has been identified, indexed, and compiled by humans. Furthermore, some of the catalogs and databases that can be searched in the Lycos Network are compiled by third parties through automated processes. However, if the operator of the site does not take steps to prevent it (i.e. make use of the Robots.txt file or Robots Meta tags), the automatic facilities used to create the catalogs and databases are likely to find it and index it again in a relatively short amount of time.
DISCLAIMER REGARDING THIRD PARTY CONTENT
The Lycos Network offers access to numerous third party web pages and content available over the Internet. In overwhelming majority instances, including, but not limited to, sites displayed as search results or contained within a directory of links, Lycos has no control whatsoever over the content of such sites. In other instances, including, but not limited to, web pages hosted on the Lycos Network or provided to the Lycos Network by third parties, Lycos may set guidelines for what may appear on such web pages and may engage in certain screening, but generally exercises no control over the content of such web pages and is unable to police all such content. Third party content accessible through the Lycos Network from such sources is developed by people over whom the Lycos Network exercises no control. The search results that appear from the catalogs indexed by the Lycos Network's spiders or web robots are automated, and the Lycos Network cannot and does not screen the sites before including them in the catalogs from which such automated search results are gathered. Similarly, web pages hosted by the Lycos Network are posted by third parties, and, with the exception of certain automated screening functions, Lycos cannot and does not screen such web pages before they are made accessible to other users of the Lycos Network. Accordingly, neither the Lycos Network nor its licensors assume any responsibility for the content of any site included in any search results or otherwise linked to the Lycos Network web sites or in any web page hosted for a third party within the Lycos Network. In instances where the Lycos Network does review the sites that are displayed in directories, indices, and/or references, or where the Lycos Network makes available directories, indices, and/or references of sites compiled by third parties, the content located at such sites was developed third parties, and review of such sites by Lycos, if any, is narrowly limited to that which is necessary for compiling the particular set of links.
Many features of the Lycos Network store information on behalf of users. Examples include, but are not limited to, e-mail messages, chat, web pages, message boards, and calendar functions. Lycos reserves the right, in its sole discretion, to limit the amount of storage space available per user or to delete materials stored for an excessive period while the user's account has been inactive.
DISCLAIMER REGARDING MULTIMEDIA SEARCH AND OTHER PICTURES, MOVIES, STREAMS AND SOUNDS LOCATED THROUGH THE LYCOS NETWORK SEARCH SERVICES
Pictures, movies, streams, and sounds (the "Multimedia Content") located through the Lycos Multimedia Search and other Lycos Network search services are protected by copyright and/or other intellectual property laws. Lycos does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside the Lycos Network, all of the Multimedia Content contained on such sites is owned and served by entities other than Lycos. The Lycos Network provides you with the URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content. If you intend to make use of any Multimedia Content accessed through our site for commercial or noncommercial purposes, we strongly suggest that you contact the server of the Multimedia Content for permission to use the Multimedia Content.
LYCOS NETWORK IMAGE GALLERY
LIMITED LICENSE: Use of the Lycos Image Gallery indicates your acceptance of the following Terms of Service and the Lycos Network Terms of Service. The images made available through the Lycos Image Gallery are copyrighted images which may also be subject to certain other legal rights. You may only utilize each image for personal, home use or for any of the following purposes: criticism, comment, news reporting, teaching (includes multiple copies for classroom use), scholarship or research. You may not create derivative works from an image, display or distribute copies of it, publish it, use it in a performance, or modify it in any manner except size. You may not distribute or sublicense the images nor use the images in any commercial, advertising, marketing or professional manner whatsoever. Neither Lycos nor our photo providers will be responsible or liable to you for any direct, incidental, consequential, indirect, or punitive damages that result from your access to or use or misuse of the images displayed on the Lycos Image Gallery.
ADVERTISERS AND CONTENT LINKED TO THE LYCOS NETWORK
Lycos may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave the Lycos Network to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. Lycos has no control over such sites and resources. You acknowledge and agree that Lycos is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Lycos 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 content, goods or services available on or through any such site or resource.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Lycos Network Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Lycos shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.
Lycos encourages you to exercise discretion while using the Products and Services to browse the Internet. Lycos may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive. Lycos makes no representations concerning any effort to review the content of any of the sites listed in automated search results, Web Guides or other directories, or of any of the sites otherwise linked to the Lycos Network web sites. Lycos shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed in the Lycos Network search results or otherwise linked to the Lycos Network web sites or provided to the Lycos Network by third parties.
THE LYCOS NETWORK LOGOS AND SEARCH BOXES
- Linking to the Lycos Network
The Lycos Network offers a non-assignable, non-transferable, and non-exclusive license to link to the Lycos Network's web sites, using the Lycos Network logos and search boxes, subject to the following provisions. The Lycos Network logos and search boxes may be placed on a web site for the sole purpose of creating a link to the Lycos Network and allowing users of your site to access the Products and Services on the Lycos Network. The Lycos Network logos and search boxes may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by the Lycos Network. The Lycos Network logos and search boxes may only be used in accordance with the Lycos Trademark Usage Guidelines and may only be used in the exact size, shape, colors, design, and configuration as found on those web pages. The Lycos Network logos and search boxes may not be altered in any manner. The Lycos Network logos and search boxes must appear by themselves, with reasonable spacing (at least the height of the logo) between each side of the applicable logo or search box and other graphic or textual elements. The Lycos Network logos and search boxes may not be used to disparage the Lycos Network, its products or services, or in a manner which, in Lycos's reasonable judgment, may diminish or otherwise damage Lycos's good will in the Lycos Network logos. By using any such Lycos Network logo or search box, you acknowledge that the Lycos Network has exclusive rights to the logo or search box, and that all good will generated through your use of the logo or search box will inure to the benefit of the Lycos Network. If you use the Lycos Network logos or search boxes, you must include appropriate attribution, for example: "Lycos® is a registered trademark of Lycos, Inc." Lycos reserves the right to revoke this license or to alter its terms from time to time, for any or no reason, with or without notice. Lycos reserves the right to take action against any use that does not conform to these provisions.
If you would like permission to use any Lycos trademark, logo, service mark, trade dress, slogan, screen shot, copyrighted design, or other brand feature, then please review the Lycos Trademark Usage Guidelines.
Once you have reviewed our Guidelines, please e-mail the Permissions Agent at firstname.lastname@example.org, specifying from which Product or Service you would like to use information. The Permissions Agent will contact you with the Permission Form. Your request will be processed once we receive your completed Permission Form. Please note that Lycos grants permission only on a per-item, per-project basis.
Your request will be processed once we receive your completed Permission Form. You will typically receive a response within ten (10) business days. If your request is approved, that approval will be expressly subject to the above-referenced Guidelines as well as all additional terms set forth in Lycos's Permission Approval Letter.
Please do not call or contact our Registered Copyright Agent with any Permission requests.
- Linking to the Lycos Network
NO LICENSE; INTELLECTUAL PROPERTY OF LYCOS AND OTHERS
Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of the Lycos Network's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate the Lycos Network and the Products and Services is protected by copyright, trademark, or other proprietary rights of Lycos and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Lycos in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by Lycos, any of Lycos's affiliates, or any of Lycos's service providers. You agree not to use any of the trademarks or service marks or other Content accessible through the Lycos Network of any purpose other than the purpose for which such Content is made available to users by Lycos. You agree not to defame or disparage Lycos, the trademarks or service marks of Lycos, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or the Lycos Network.
INDEMNITY AND RELEASE
By using the Lycos Network web sites you agree to indemnify Lycos, Inc. and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Lycos Network web sites, your use of the Products and Services, or your submission of ideas and/or related materials to Lycos or from any person's use of any account or password you maintain with any portion of the Lycos Network, regardless of whether such use is authorized by you. By using the Lycos Network, using the Products and Services, or submitting any ideas and/or related materials to Lycos, you are hereby agreeing to release Lycos and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to Lycos. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the Lycos Network or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
COPYRIGHT, AND TRADEMARK
Copyright © 2011 Lycos, Inc.
The following trademarks and service marks are owned by Lycos, Inc. and its subsidiaries: ANGELFIRE, GO GET IT!, LYCOS, and TRIPOD All other marks that appear throughout the Products and Services belong to Lycos, Inc. members of the Lycos Network, or the respective owners of such marks, and are protected by U.S. and international law. Any use of any of the marks appearing throughout the Products and Services without the express written consent of Lycos, Inc. or the owner of the mark, as appropriate, is strictly prohibited.
CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in any way that constitutes copyright infringement, please provide the Lycos copyright agent with a notification containing the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing, and the URL and other information reasonably sufficient to permit us to locate the material.
- Your name, address, telephone number, and e-mail address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
It is the policy of Lycos, in appropriate circumstances, to disable and/or terminate the accounts of users who engage in repeated copyright infringement.
Lycos reserves the right to transmit the notification to the user of the site containing the allegedly infringing material. Lycos also reserves the right to transmit any counternotification to the complaining party.
ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
Unless expressly stated to the contrary elsewhere within the Products and Services, all legal issues arising from or related to the use of the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the Commonwealth of Massachusetts applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms of Service or any user's use of the Products and Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Boston, Massachusetts, and judgment on the arbitration award may be entered into in any state or federal court in Massachusetts having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Massachusetts having jurisdiction thereof. Except as set forth above, the state and federal courts of Massachusetts shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms of Service or any user's use of the Products and Services. By using the Products and Services and thereby agreeing to these Terms of Service, users consent to personal jurisdiction and venue in the state and federal courts in Massachusetts with respect to all such disputes.
CHANGES IN TERMS OF SERVICE AND CHANGES IN PRODUCTS AND SERVICES
The Lycos Network reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. The Lycos Network reserves the right to modify these Terms of Service from time to time, without notice. Please review these Terms of Service from time to time so you will be apprised of any changes.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between Lycos's representations and you with respect to the subject matter hereof; except that any other Terms of Service located on any individual Lycos Network web site or in connection with the Products and Services are incorporated herein by reference to the extent they do not conflict with these Terms of Service. To the extent that any other Terms of Service or terms of service conflict with these Terms of Service, those other provisions shall control with respect to the use of the particular web site and any Products or Services available on or through the web site or the respective Product or Service at which those other provisions may be found.
NON-WAIVER AND SEPARABILITY
Lycos's failure to exercise any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms of Service to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms of Service remain in full force and effect.
RELATIONSHIP OF PARTIES
You acknowledge and agree that you and Lycos are independent contractors under these Terms of Service, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms of Service has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.
NO RESALE, ASSIGNMENT, OR SUBLICENSING
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms of Service without prior express written authorization of Lycos.
SUCCESSORS AND ASSIGNS
Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms of Service shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
These Terms of Service shall continue in effect for as long as you use the Products and Services, unless specifically terminated earlier by Lycos. All provisions of these Terms of Service which impose obligations continuing in their nature shall survive termination of these Terms of Service.
COMMUNICATIONS WITH USERS
You consent to receive communications from Lycos concerning your use of the Products and Services ("Communications"). The Communications may be those that Lycos is required to send to you by law concerning the Products and Services ("Required Communications"). The Communications may also be those that Lycos sends to you for other reasons. You consent to receive Communications electronically. Lycos may provide these Communications to you by sending an e-mail to the e-mail address you provided in connection with your account or by posting the Communication on the Lycos Network. You also consent to receive Communications by telephone or by postal mail sent to the postal address you provided in connection with your account. You may change the e-mail or postal address to which Lycos sends Communications by visiting your account information page.
For a period of 120 days from the date that Lycos first provided a Required Communication to you in electronic form, you may request a paper copy of such Required Communication by sending a request to Lycos, Inc., 177 Huntington Ave Ste 1703 #60001, Boston, MA 02115-3151, Attention: Customer Service (the "Customer Service Address"). Lycos may charge a reasonable fee for providing paper copies. You may, without payment of special fees, withdraw your consent to receive Required Communications electronically by sending a notice to the Customer Service Address that identifies your full name, user name and postal mailing address. However, if you withdraw such consent, then Lycos reserves the right to terminate your right to use the Products and Services, including, without limitation, by terminating your account and any subscription services that you may have.
In order to receive Required Communications, you must provide Lycos, upon registration with the Lycos Network, a valid e-mail address to which Lycos may send electronic mail. Your computer must also have a modem or other means of Internet access, an web browser, e-mail communications software capable of receiving and storing electronic mail, and a printer, if you wish, for printing electronic communications. Lycos will provide notice of any changes to these requirements.
SUBMISSIONS OF IDEAS
The Lycos Network is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to the Lycos Network, we would like to hear them -- but any submission will be subject to these Terms of Service. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO LYCOS BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO LYCOS, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO LYCOS THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT LYCOS IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY LYCOS, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
Certain software, and related documentation or technical information, available through the Lycos Network is subject to applicable laws and regulations of the United States pertaining to export controls. By using such software or related documentation or technical information, you represent and warrant that you are not located in, or under the control of, or a national or resident of any embargoed country or any country on the U.S. Department of Commerce's Table of Denial Orders. You agree not to export or re-export such software or related documentation or technical information directly or indirectly to any countries that are subject to United States export restrictions.
VIOLATIONS OF TERMS OF SERVICE
Should you violate these Terms of Service or any other rights of Lycos and the Lycos Network, Lycos reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the Lycos Network web sites.
If you are aware of any violations of these Terms of Service, please report them to:
Lycos Network Abuse Manager
177 Huntington Ave Ste 1703 #60001
Boston, MA 02115-3151
E-mail Address: email@example.com
Please read the entire Terms of Service, as all Lycos Network properties, Products and Services are offered subject to these Terms of Service.
We hope your enjoyment of Lycos's Products and Services will be enhanced by the application of these Terms of Service. It is our belief that your understanding of the guidelines we have set forth will allow the Lycos community to continue to be a place where each of us can prosper, grow, and enjoy ourselves within an open and non-threatening environment. Thank you for taking the time to read these Terms of Service and we hope you enjoy our Products and Services.