By accessing, downloading, installing, or using the IRC.com web client (the "Service"), you enter into this agreement with IRC.com ("Company," "we," "us," or "our") and agree to comply with and be bound by these Terms of Service (these "Terms"). These Terms apply to all visitors, users, and others who access or use the Service ("Users" or "you").
We reserve the absolute right, in our sole discretion, to modify, amend, or replace these Terms at any time without notice. Any changes will be effective immediately upon posting. Your continued use of the Service following the posting of revised Terms constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically for updates.
Certain features of the Service may be subject to additional guidelines, terms, or rules, which will be posted in connection with such features. All such additional terms are incorporated by reference into these Terms.
The Service provides a web-based Internet Relay Chat (IRC) client interface that allows users to connect to IRC networks, participate in chat channels, and engage in private messaging. The Service includes customizable scripting capabilities, notification systems, and various IRC protocol features.
The Service facilitates connections to third-party IRC networks that are not owned, operated, or controlled by Company. Company exercises no control over such third-party networks and assumes no responsibility for their content, policies, or operations.
Company reserves the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice, and without liability to you or any third party.
No formal account registration is required to use the Service. However, you are responsible for maintaining the confidentiality of any credentials, nicknames, or authentication information you use in connection with the Service.
You represent and warrant that any information you provide through the Service is accurate, current, and complete. You agree to maintain and promptly update such information to keep it accurate, current, and complete.
You agree to use the Service only for lawful purposes and in accordance with these Terms and all applicable federal, state, local, and international laws, regulations, and ordinances. You shall not use the Service to violate any applicable law or regulation.
You agree not to engage in any of the following prohibited activities:
When using the Service to connect to third-party IRC networks, you agree to comply with the terms of service, acceptable use policies, and community guidelines of such networks. Violations of third-party network policies may result in restrictions on your use of the Service.
You retain ownership of any content you transmit through the Service ("User Content"). However, by transmitting User Content through the Service, you grant Company a worldwide, non-exclusive, royalty-free license to use, copy, modify, and distribute such content solely for the purpose of operating and improving the Service.
You are solely responsible for your User Content and the consequences of transmitting it through the Service. Company does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content.
Company has no obligation to monitor User Content but reserves the right to remove or restrict access to any content that violates these Terms or is otherwise objectionable, in our sole discretion.
Company may collect certain information in connection with your use of the Service, including but not limited to technical data, usage patterns, and device information. Such data collection and use is governed by our Privacy Policy, which is incorporated herein by reference.
Company is not responsible for the privacy practices or data collection activities of third-party IRC networks or services accessed through the Service.
The Service and its original content, features, and functionality are owned by Company and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
Subject to these Terms, Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use only.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Service without prior written consent from Company.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD-PARTY IRC NETWORKS, SERVICES, OR CONTENT ACCESSIBLE THROUGH THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED FIFTY DOLLARS ($50).
THE LIMITATIONS SET FORTH IN THIS SECTION REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES AND THE FACT THAT THE SERVICE IS PROVIDED FREE OF CHARGE. THE LIMITATIONS WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify, and hold harmless Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with Company's defense of such claims.
Company may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including but not limited to breach of these Terms or violation of applicable law.
You may stop using the Service at any time. Upon termination, your right to use the Service will cease immediately.
Upon termination, all provisions of these Terms which by their nature should survive shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
Except as expressly provided otherwise herein, any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including but not limited to the breach, termination, enforcement, interpretation, or validity thereof ("Dispute"), shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules then in effect.
Any arbitration proceedings shall take place in Los Angeles, California. The arbitration shall be conducted by a single arbitrator selected in accordance with AAA rules. The arbitrator shall have the authority to grant any remedy that would otherwise be available in a court of competent jurisdiction. The arbitrator's decision shall be final and binding upon all parties.
Notwithstanding the foregoing, either party may seek equitable relief (including injunctive relief) in any court of competent jurisdiction to protect its intellectual property rights or confidential information. Additionally, disputes concerning the validity, scope, or enforceability of this arbitration provision shall be decided by a court of competent jurisdiction.
Each party shall bear its own costs and expenses in connection with any arbitration proceeding, including attorney's fees, except as may be required by applicable law or determined by the arbitrator.
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
TO THE EXTENT ANY DISPUTE IS NOT SUBJECT TO ARBITRATION, BOTH PARTIES HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
To the extent any judicial proceedings are permitted under these Terms, any legal action or proceeding shall be brought exclusively in the federal or state courts located in Delaware, and you hereby consent to personal jurisdiction and venue therein.
These Terms constitute the entire agreement between you and Company regarding the Service and supersede all prior and contemporaneous agreements, representations, warranties, and understandings.
If any provision of these Terms is held invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
You may not assign these Terms or any rights hereunder without Company's prior written consent. Company may assign these Terms without restriction.
Company shall not be liable for any failure or delay in performance under these Terms which is due to fire, flood, earthquake, pandemic, governmental action, terrorism, war, or other cause beyond Company's reasonable control.
If you have any questions about these Terms, please contact us through the IRC.com service interface or via appropriate technical channels.
By using IRC.com, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. Your continued use of the service constitutes ongoing acceptance of these terms and any modifications thereto.