TERMS OF SERVICEPLEASE READ THESE TERMS OF SERVICE BEFORE USING THIS WEBSITE. LAST UPDATED – 16 May 2008 Legal Terms Applicable to Your Use of the Ask.com Site These Terms of Service, as amended from time to time("Agreement") with respect to your use of the website and services (the "Ask Services") which Ask makes accessible through the domains www.uk.ask.com, www.ask.co.uk, www.ask.com (collectively, the "Ask.com Site" or the "Site"). IT IS IMPORTANT THAT YOU READ THIS AGREEMENT CAREFULLY, BECAUSE BY USING THE ASK.COM SITE, YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE ASK.COM SITE. The Ask.com Site is intended for use in the United Kingdom only. We make no warranty or representation that the Ask.com Site or any part of it is appropriate, available or legal for use in locations outside the United Kingdom. If you choose to access the Ask.com Site from outside the United Kingdom, you do so at your own risk and are responsible for compliance with all applicable local laws. Your use of a particular Ask.com service (for example, the Ask.com Partner Programme) may also be subject to terms specific to that service. Ask will post these service-specific terms on the web page associated with that service. All service-specific terms are incorporated into this Agreement. If there is any inconsistency between service-specific terms and the terms in this Agreement, the service-specific terms shall prevail in relation to the provision of the relevant service. In addition, your use of the Ask.com Site is subject to our Privacy Policy and to any additional site policies, guidelines, rules and legal terms posted on the Site from time to time, including the Copyright/Trademark Notice and the Specific Disclaimers, as any of the foregoing may be amended from time to time. Our Privacy Policy and all such additional policies, guidelines, rules and legal terms form part of this Agreement. NOTHING IN THIS AGREEMENT AFFECTS YOUR STATUTORY RIGHTS. Changes to this Agreement We reserve the right to change the terms of this Agreement from time to time. Except as expressly provided in this Agreement, any changes we make to the Agreement will be effective immediately upon being posted on the Ask.com Site. Your continued use of the Ask.com Site following the posting of any such changes constitutes your acceptance of them. You should therefore check this page on a regular basis to ensure you are familiar with the most current version of the Agreement. You can determine when the Agreement was last updated by checking the "Last Updated " legend at the top of the Agreement. Intellectual Property Rights and Restrictions All right, title and interest in and to the content displayed on the Site, including but not limited to the Site's look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trade marks, trade names, URLs and content provided by third parties (individually or collectively, the "Content") is owned by Ask or its third party licensors and is protected by copyright, trade mark, patent or other proprietary rights and laws. Except as expressly permitted in this Agreement or by applicable law or as otherwise expressly authorised by Ask in writing, you may not (and may not knowingly allow any third party to) copy, modify, rent, lease, loan, sell, assign, transfer distribute, perform, display, license, sublicense, reverse engineer, reverse assemble, create derivative works based on or otherwise attempt to discover any source code of the Site or any Content (including without limitation any software) available through the Site. Your Licence to Access Content on the Site Ask grants you a personal, nonexclusive, nontransferable, revocable, limited licence strictly to do the following, only for your personal, non-commercial use: view, reproduce, print, cache, store and distribute content retrieved from the Site via a generally available consumer web browser. The foregoing licence is granted on condition that you comply with the restrictions on use described above and that you do not (and do not knowingly allow any third party to) remove or obscure the copyright notice or other notices displayed on such content. You may not reproduce, print, cache, store or distribute content retrieved from the Site for any commercial purpose whatsoever without the prior written permission of Ask or the copyright holder identified in the relevant copyright notice. You agree not to modify the Ask Services in any manner or to use modified versions of the Ask Services, including (without limitation) for the purpose of obtaining unauthorised access to the Ask Services or portions of such services. You agree not to access the Ask Services by any means other than through the interface provided by Ask for use in accessing the Ask Services. Except as expressly provided in this Agreement, nothing in this Agreement or on the Site shall be construed as conferring any other licence or right (whether expressly, by implication or otherwise) with respect to any of Ask's Content or any third party's Content. All rights not expressly granted herein are reserved. Forwarding Content from the Site If you choose to forward content from the Site by means of our Services, you agree that you will only forward such content to recipients you know will be happy to receive it and who are known to you. You agree that you will not use such Services for engaging in spam or other illegal conduct. No Automated Querying You may not send automated queries of any sort to the Site without express permission in advance from Ask. Note that "sending automated queries" includes, among other things:
Posting Material on the Site The Site may allow users to post or upload information, data, text, photographs, graphics, messages and/or other content ("User Content"). If you are under the age of 14, you should not post any of your personal data on the Site without the permission of your parent or guardian. You acknowledge and agree that the person who posts User Content, and not Ask, is solely responsible for such content and solely liable for any and all loss or damage caused by such content. Ask does not control User Content and cannot guarantee the accuracy, integrity or quality of any such content. You understand that by using the Ask Services, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will Ask be liable in any way for any User Content, including but not limited to any errors, omissions or misrepresentations in any User Content, or for any loss or damage arising from any User Content and/or any use thereof. If you do choose to post content on the Site, you understand that such content will be available publicly. You should not assume that you are anonymous online and cannot be identified by User Content. You agree that all User Content you post will comply with the requirements of this Agreement. Restrictions on Use of the Site You agree not to use the Site to:
Use of the Ask.com Site by Children If you are under the age of 14, you should not register for any Ask Services or promotions or otherwise provide any of your personal data to Ask without the permission of your parent or guardian. If you use the Ask.com Site, we will assume, and you confirm, that you are 14 years of age or older or that you have the permission of your parent or guardian. If you are the parent or guardian of a child under the age of 14, you should carefully supervise your child’s use of the Ask.com Services and the Site. It is the responsibility of parents or guardians, and not Ask, to determine whether any part of the Ask.com Site or any site linked to from the Ask.com Site is appropriate for their children. Ask invites parents and guardians to visit the website of the Internet Watch Foundation for information and advice on protecting their children when they are online. Registering on the Ask.com Site In order to receive certain services or participate in promotions on the Ask.com Site, and provided you are 14 years of age or older or have the permission of your parent or guardian, Ask may require you to register for those services or promotions. You agree to provide Ask with accurate and complete information about yourself when registering for services or promotions on the Ask.com Site. You also agree to notify Ask of any changes to that information, to ensure that it remains accurate and complete at all times. We reserve the right to terminate this Agreement and/or your use of the Ask.com Site if any information provided by you is inaccurate or incomplete. If you wish to terminate your registration for any Service, please email Ask Customer Services (see Contact Us for details). Passwords and Security Access to certain Ask Services may require you to choose a user name (or nickname) and password. If you do so, (i) you confirm by so doing that you are 14 years of age or older or have the permission of your parent or guardian, and (ii) you are responsible for maintaining the confidentiality of your password and account information and for logging out of your account at the end of each session. In selecting a user name, you agree not to (i) attempt to impersonate another person; (ii) use a name subject to the rights of any person without their permission; or (iii) use a name that is offensive to people of ordinary sensitivities, illegal, or infringing. You are fully responsible for all activities that occur under your password or account. You agree to notify Ask immediately of any unauthorised use of your password or account or any other breach of security. Ask accepts no liability for any loss or damage arising from your failure to comply with this paragraph. Third Party Sites and Links An essential part of the Ask Services consists of providing links to other sites or resources on the World Wide Web operated by third parties. Because Ask has no control over such sites and resources, you acknowledge and agree that Ask 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, services or materials on or available through such sites or resources. You further acknowledge and agree that Ask shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods or services on or available through any such site or resource. Finally, you acknowledge that such third party sites usually have their own terms and conditions, including privacy policies, over which Ask has no control and which will govern your rights and obligations with respect to the use of those Websites. Dealings With Advertisers Or Third Party Vendors Your dealings with advertisers or third party vendors found on or through the Site, including any participation in promotions, purchases of goods, and any terms, conditions, warranties or representations associated with such activities, are on such terms as are determined between you and the third party. Ask does not make any representations or warranties with respect to any goods or websites that may be supplied or operated by such third parties, and you agree that Ask will have no liability for any loss or damage of any kind incurred in connection with your use of or reliance on any content, goods, services, information or other materials on or available through such third parties. You acknowledge that such third party sites usually have their own terms and conditions, including privacy policies, over which Ask has no control and which will govern your rights and obligations with respect to the use of those Websites. Reporting Illegal Content If, by means of a link provided on the Ask.com Site, you discover any of the following types of content on a site operated by a third party, please report it directly to the Internet Watch Foundation on their website located at www.iwf.org.uk:
Compliance with Laws You agree to comply with all laws applicable to your use of the Site and the Ask Services. Modifications To Services Ask reserves the right at any time and from time to time to modify, suspend or discontinue the Ask Services (or any part thereof) with or without notice. You agree that Ask will not be liable to you or to any third party for any modification, suspension or discontinuation of any part of the Ask Services. Termination of Access to Ask Services You agree that Ask, in its sole discretion, may terminate your access to any of the Ask Services and/or remove or modify any User Content or content within the Site, for any reason including without limitation for lack of use or if Ask believes that you have violated the letter or spirit of this Agreement. You agree that any termination of your access to the Ask Services may be effected without prior notice, and agree that Ask may immediately deactivate or delete any account you may have and all related information and files in any such account and/or bar any further access to such files or the Ask Services. In addition, if you violate this Agreement, Ask may, in its sole discretion, retain all data collected from your use of the Site even if AskEraser is enabled. Further, you agree that Ask shall not be liable for the discontinuation or termination of your access to the Ask Services, or collection of information if you have violated this Agreement, even if advised of a claim for damages. Information Disclaimer and Disclaimer of Warranties By using the Ask Services you understand and agree that:
Limitation Of Liability You agree that Ask will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, including but not limited to any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services, howsoever caused and whether arising (i) as a result of the use of, or the inability to use, the Ask Services or otherwise in connection with the Ask.com Site, or (ii) on the basis of breach of contract, tort (including negligence and strict liability) or otherwise. These limitations will apply whether or not Ask has been advised of the possibility of such damages. You also agree that in no circumstances will Ask’s liability for any direct damages hereunder exceed £50. Notwithstanding the above or any other provisions, nothing in this Agreement shall exclude or limit Ask’s liability for fraud, fraudulent misrepresentation, death or personal injury resulting from negligence or any other liability which cannot lawfully be excluded or limited. Copyright and Trade Mark Notice You acknowledge and agree to the Copyright and Trade Mark Notice posted here. No Other Agreements This Agreement, which includes any other documents incorporated herein (including our Privacy Policy, Specific Disclaimers and Copyright and Trade Mark Notice), sets forth the complete agreement between Ask and you relating to your use of the Ask Services and the Site and supersedes any and all previous agreements relating to such use. Third Party Rights You agree that Ask’s affiliated companies will be third party beneficiaries of this Agreement and so entitled to enforce or rely on any provision of this Agreement. Otherwise, any person who is not a party to this Agreement will have no rights related to it. Severability If any provision of this Agreement is found by a court to be invalid, you agree that such provision shall be deemed to be replaced by an alternative provision that gives effect to the parties' original intentions to the extent legally possible, and the remaining provisions of this Agreement shall continue in full force and effect. No Waiver Any failure by Ask to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. Applicable Law This Agreement is governed by English law. You submit to the non-exclusive jurisdiction of the courts of England. Contact Information Click here for Ask.com contact information. |