Ask Terms of Service
PLEASE READ THE TERMS OF SERVICE BELOW. THESE TERMS OF SERVICE, INCLUDING ANY REVISED AGREEMENTS THAT WE MAY POST FROM TIME TO TIME, STATE THE TERMS AND CONDITIONS UNDER WHICH IAC SEARCH & MEDIA PROVIDES YOU WITH VARIOUS SERVICES ON THE FOLLOWING WEB SITES: ASK.COM AND ASKFORKIDS.COM (EACH A "SITE" AND, COLLECTIVELY, THE "SITES"). ALL SERVICES PROVIDED BY IAC SEARCH & MEDIA ON THE SITES ARE COLLECTIVELY REFERRED TO AS "ASK SERVICES". BY ACCESSING, BROWSING AND/OR USING OUR WEB SITES AND/OR SERVICES POSTED ON THE WEB SITE, YOU ARE DEEMED TO ACCEPT THE TERMS OF SERVICE AND AGREE TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO THE USE OF THAT WEB SITE. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT ACCESS, BROWSE OR USE OUR WEB SITES OR ANY SERVICES WE PROVIDE.
Ownership of our Web Sites and Protection of Our Intellectual Property Rights
The contents of our Sites are intended for the personal, noncommercial use of our users. The Ask.com and AskforKids.com sites ("Sites") are divisions of IAC Search & Media ("Ask "). All right, title and interest to the content displayed on our Sites, including but not limited to the Site's look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are the property of Ask, or the respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws.
Except as expressly authorized by Ask, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the Sites or any Content (including without limitation any software) available through the Sites.
Changes To This Agreement
Your use of each site is also subject to the other policies, disclaimers and guidelines we post on such site from time to time.
Your License to Access Content on Our Sites
You are hereby granted a personal, nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, cache, store and distribute content retrieved from our Sites via a generally available consumer web browser, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Ask Services or remove or obscure the copyright notice or other notices displayed on the content. You may not reproduce, print, cache, store or distribute content retrieved from the Sites in any way, for any commercial use 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 form, or to use modified versions of the Ask Services, including (without limitation) for the purpose of obtaining unauthorized access to the Ask Services or portions of the Services. You agree not to access the Ask Services by any means other than through the interface that is provided by Ask for use in accessing the Ask Services.
Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Sites shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of Ask's Content or under any third party's Content. Any rights not expressly granted herein are reserved.
If you choose to forward content from the Sites via email through our Services, you agree that you will only forward such content to willing recipients known to you and that you will not use such Services for engaging in spam or other unauthorized conduct.
No Automated Querying
You may not send automated queries of any sort to our sites without express permission in advance from Ask. Note that "sending automated queries" includes, among other things:
- using any software which sends queries to our sites to determine how a website or webpage
"ranks" for various queries;
- "meta-searching"; and
- performing "offline" searches on any Ask web site
Posting Material on Our Sites
Certain Sites may allow users to post or upload information, data, text, photographs, graphics, messages and/or other content ("Postings"). You acknowledge and agree that Postings and any and all liability arising from Postings are the sole responsibility of the user who posted the content ("Poster"), and not Ask . Ask does not control the Postings and does not guarantee the accuracy, integrity or quality of any Postings.
You understand that by using the Ask Services, you may be exposed to Postings that are offensive, indecent or objectionable. Under no circumstances will Ask be liable in any way for any Postings, including, but not limited to, for any errors, omissions or misrepresentations in any Postings, or for any loss or damage of any kind incurred as a result of the use of, or arising from, any Postings.
If you do choose to post content on one of our Sites, please do not do so unless you understand that your Postings will be available publicly. You should not assume that you are anonymous online and cannot be identified by your Postings. You agree that all of your Postings will comply with the requirements of this Agreement.
You agree not to use our Sites to:
- Post any Posting that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Harm or threaten to harm users in any way;
- "Stalk" or otherwise harass any other person or entity;
- Impersonate any person or entity (including an Ask agent, enthusiast, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in areas that are expressly designated by Ask for such purpose;
- Disseminate or transmit any Content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to, using third party copyrighted materials, without appropriate permission, using third party trademarks without appropriate permission or attribution, or using or distributing third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
- Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs;
- Violate any law (whether local, state, national, or international), whether or not intentionally;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Posting;
- Post any content that you do not have a right to under any law or under contractual or fiduciary relationship (which includes inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Interfere with or disrupt the Ask Services, our Sites, or servers or networks connected to our Sites, or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites;
- Collect or store personal data about other users;
- Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
- Post 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.
You acknowledge that Ask does not pre-screen Postings, but that Ask has the right, but not
the obligation, to refuse to make available, to modify or to remove any Postings or portions of Postings in
its sole discretion and at any time without notice to the Poster, regardless of whether those Postings violate
the terms of this Agreement or are otherwise objectionable.
You agree that your use of any Posting is at your own risk, including any reliance on the accuracy,
completeness, or usefulness of the Posting. You agree that if you rely on any Posting submitted to Ask
, it is solely at your own risk.
If you choose to provide any Postings on our Sites, you agree that Ask may copy, distribute, display,
publish, modify or translate such Postings for any purpose and in any medium worldwide (including
incorporating the Postings into Ask answer databases or any other Ask property, product or
service) without any obligation to compensate you or any other third party in any way for any such use.
Ask may grant other parties these same rights as to the Postings.
Sites with Registration
Certain Sites require users to register to obtain certain Ask Services. Registration is initially
available to anyone of requisite age and citizenship and is limited to one registration per user. By
registering for these services, you agree to: (a) provide true, accurate, current and complete information
about yourself as requested by the Ask registration form (the "Registration Information") and (b)
maintain and update the Registration Information to keep it true, accurate, current and complete. In addition
to other grounds for suspension or termination of your use of the Ask Services, if you provide any
information that is untrue, inaccurate, not current or incomplete, or Ask has reasonable grounds to
suspect that information you have provided is untrue, inaccurate, not current or incomplete, Ask has
the right to suspend or terminate your access and refuse you any and all use of relevant Site. Registrants
have the right to terminate their account at any time by sending an e-mail to an address provided on the
Passwords and Security
Access to certain Ask Services require you to choose a user name (or nickname) and password. If
you do so, you are responsible for maintaining the confidentiality of your password and account and for
logging out of your account at the end of each session. In selecting a user name, you agree that you will not
(i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name
subject to the rights of any person without their authorization; or (iii) use a screen 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 (a) to notify Ask immediately of any unauthorized use
of your password or account or any other breach of security, and (b) to ensure that you exit from your
account at the end of each session. Ask cannot and will not be liable for any loss or damage arising
from your failure to comply with this section.
Links to Other Web Sites
A central part of the Ask Services includes links to other World Wide Web sites or resources.
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, or other materials on or available from 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 such
content, goods or services available on or through any such site or resource. Finally, you acknowledge that
such external 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
Your Contact With Advertisers Or Third Party Vendors
Your dealings with advertisers and third party vendors found on or through the Ask Services,
including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or
representations associated with such activities, are solely between you and the third party. Ask does
not make any representations or warranties with respect to any goods or web sites that may be obtained
from such third parties, and you agree that Ask will have no liability for any loss or damage of any
kind incurred as a result of any activities you undertake in connection with the use of or reliance on any
content, goods, services, information or other materials available, or through such third parties, on our
Sites. You acknowledge that such external 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 Web sites.
Compliance with Laws
You agree to comply with all applicable laws regarding your use of our Sites including, without limitation,
all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical
data exported from the United States or the country in which you reside.
Modifications To Ask Services
Ask reserves the right at any time and from time to time to modify, suspend, discontinue or
terminate 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, discontinuation or
termination of the Ask Services.
Termination of Your 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, discard or modify any Postings or content within the Service, for any reason, including, without limitation, for lack of use or if Ask believes that you have violated or acted inconsistently with 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 acknowledge and agree that Ask may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Ask Services. If you use the Sites in violation of 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 to you or any third party for the discontinuation or termination of your access to the Ask Services, or collection of information notwithstanding in the case of your violation of this Agreement, even if advised of a claim for damages.
Information Disclaimer and Disclaimer of Warranties
BY USING ASK SERVICES YOU UNDERSTAND AND AGREE THAT:
- ASK SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES
ONLY. NO CONTENT ON OUR SITES IS INTENDED TO CONSTITUTE
PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR
OTHERWISE. ASK AND THOSE POSTING OR OTHERWISE PROVIDING
INFORMATION, SERVICES OR MATERIAL ON OUR SITES ARE NOT RESPONSIBLE
OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY
TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION,
SERVICES OR OTHER MATERIAL ON OUR SITES.
- YOUR USE OF THE ASK SERVICES IS AT YOUR SOLE RISK.
THE ASK SERVICES ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. ASK EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON- INFRINGEMENT.
- ASK MAKES NO REPRESENTATION OR WARRANTY THAT ASK SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE ASK
SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR
ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE ASK SERVICE WILL BE ACCURATE, TIMELY,
USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS,
PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED
BY YOU THROUGH ASK SERVICES WILL MEET YOUR NEEDS.
- ANY MATERIAL OBTAINED THROUGH THE USE OF ASK SERVICES
IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR
FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF
ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM OUR SITE OR THROUGH OR FROM THE ASK SERVICES
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THEIR
- YOUR USE OF THE ASK SERVICES IS ALSO SUBJECT TO
THE PICTURE SEARCH DISCLAIMERS HERE
AND THE FINANCIAL DISCLAIMERS HERE.
Limitation Of Liability
YOU UNDERSTAND AND AGREE THAT ASK IS NOT 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, OR ANY OTHER
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES,
HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE
RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, ASK SERVICES, (2)
THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITES, (3)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITES, (5) RELIANCE ON
CONTENT OR POSTINGS ON OUR SITES, OR (6) ANY OTHER MATTER RELATING TO OUR
SITES OR ASK SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT ASK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL ASK'S DIRECT LIABILITY HEREUNDER EXCEED $100.00.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES,
SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification of Ask
You agree to indemnify and hold Ask, its subsidiaries, and affiliates, and their officers, directors,
employees and agents harmless from and against any and all liability, losses, claims, demands, disputes,
damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of
litigation, resulting from or in any way connected with (a) Postings or other content you submit or that are
submitted from your account, (b) your use of or reliance on Ask Services, (c) your connection to our
Sites, (d) your violation of this Agreement, or (e) your violation of any rights of another party.
Copyright and Trademark Notices
You acknowledge and agree to the copyright and trademark notices
No Other Agreements Between Us
Ask for governing your use of our Sites and Services and supersedes any prior agreements between
you and Ask for that purpose, including any membership agreements or other similar agreements
applying to our Sites or Ask Services.
Law Applicable to Interpretations and Disputes
This Agreement and the relationship between you and Ask are governed by the laws of the State of
California without regard to its conflict of law provisions. You and Ask agree to submit to the
personal and exclusive jurisdiction of the courts located within the county of San Francisco County,
Severability of This Agreement
If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree
that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and
the remaining provisions contained in this Agreement shall continue in full force and effect.
Limitation of Actions Brought Against Ask
You agree that any claim or cause of action arising out of your use of our Sites or this Agreement must be
filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding
any statute of limitations or other law to the contrary. Within this period, 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.
If you have any questions or concerns with respect to this Agreement or our Sites, you may contact a
representative of Ask at email@example.com or by mail at:
Attention: Legal Department
555 12th Street, Suite 500
Oakland, CA 94607
Effective date: December 10, 2007