Ask Applications, Inc. (f/k/a Mindspark Interactive Network, Inc. and APN, LLC) and IAC Search and Media Europe Limited (“SAM EU”) (collectively, “Ask Apps", "we", or "us") is pleased to provide you its websites, and the related websites, applications, e.g. toolbars, browser action buttons, content, products, forums and services made available, or available for download on the page on which these Terms of Service are posted (collectively, along with the Search Applications described in Section 1, the "Ask Apps Service(s)"). If you are a resident of the EEA then SAM EU is the entity with whom you enter these terms. If you are resident elsewhere then these terms are with Ask Apps.
IMPORTANT: BY USING THE ASK APPS SERVICES, YOU AGREE TO RESOLVE DISPUTES WITH ASK APPS THROUGH BINDING ARBITRATION (AND WITH VERY LIMITED EXCEPTIONS, NOT IN COURT), AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS, AS DETAILED IN SECTION 14.
If you have any questions or concerns regarding these Terms of Service, please email us at email@example.com. Do not use the Ask Apps Services until your questions and concerns have been answered to your satisfaction and you agree to abide by the terms and conditions of this Terms of Service. We have recently updated our policies and we are in the process of translating it into several languages. If you do not have an appropriate language option and you have any questions please contact us via the methods described below.
A. Toolbar and Search Application Services. The Ask Apps Services offer a number of features that may allow you to enter and perform Internet searches (“Search Applications”), reset your Internet browser's default homepage and/or new tab page, customize widgets, and much more. To use such Ask Apps Services you may be required to install such services into your Internet browser.
You must be 13 years of age or older to install or to use the Ask Apps Services (or over 16 years of age if you are resident in the EEA). If you are at least 13 (or 16 in the EEA) but not yet 18 years of age, please have your parent or legal guardian review this Terms of Service with you, discuss any questions you might have, and install the Ask Apps Services for you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to download and access an Ask Apps Service, you agree to the terms of this Terms of Service on behalf of your child. You are responsible for exercising supervision over your children's online activities. If you do not agree to this Terms of Service, do not let your child use the Ask Apps Services or associated features. If you are the parent or guardian of a child under 13 (or 16 in the EEA) and believe that he or she is using the Ask Apps Services, please contact us at firstname.lastname@example.org.
You may access the Ask Apps Services for personal, non-commercial purposes. Use of the Ask Apps Services is void where prohibited. By accessing or otherwise using the Ask Apps Services, you hereby acknowledge, warrant, and represent that (i) you have read, understand, and agree to be legally bound, and to abide, by these Terms of Service, just as if you had signed a written agreement; (ii) you have the right, authority and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Service; and (iii) if you purport to be acting on the behalf of any person or entity, you are authorized to act on behalf of such party.
We reserve the right, at any time and from time to time, to temporarily or permanently, in whole or in part, to: (a) modify or discontinue the Ask Apps Services, including, but not limited to (i) restricting the time the Ask Apps Services are available, (ii) restricting use of certain Ask Apps Services to users in specified geographic regions, (iii) restricting the amount of use of the Ask Apps Services permitted (which may vary depending on membership level), and (iv) restricting or terminating any user's right to use the Ask Apps Services, with or without notice; (b) charge fees in connection with the use of all or part of the Ask Apps Services; (c) modify and/or waive any fees charged in connection with the Ask Apps Services; and/or (d) offer opportunities to some or all users of the Ask Apps Services. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the Ask Apps Services (in whole or in part), any content, or features offered through the Ask Apps Services. Your continued use of the Ask Apps Services following the posting of changes to these Terms of Service will constitute your acceptance of such changes. We may acquire or develop new Ask Apps Services from time to time that require additional terms of service. In such case, we will add these additional provisions in a product specific addendum or section that will only apply to such new Ask Apps Service and will not vary the terms of these Terms of Service in relation to your use of existing Ask Apps Services (and, as such, we will not be required to notify you of such additional terms unless you also use the new Ask Apps Services).
Subject to the terms and conditions set forth herein, and any applicable third party restrictions, Ask Apps grants you a revocable, non-transferable, non-exclusive and non-sublicensable, limited right and license, to access and use the Ask Apps Services. Ask Apps reserves all rights to ownership or use not expressly stated herein, and disclaim any and all implied licenses.
No Interference/Automated Querying:You may not interfere with the operation of the Ask Apps Serviecs in any manner. You may not send automated queries of any sort to the Site without express permission in advance from APN. Note that "sending automated queries" includes, among other things:
using any software which sends queries to the Site to determine how a website or webpage "ranks" for various queries;
Post, email or otherwise transmit any submission that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
Post, email or otherwise transmit any submission that infringes any intellectual property and/or proprietary rights of any party;
Post, email or otherwise transmit any illegal, unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
Post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfere with or disrupt the Ask Apps Services or servers or networks connected to the Ask Apps Services, or disobey any requirements, procedures, policies or regulations of networks or third party providers connected to, or providing the Ask Apps Services;
Collect or extract data through any robot, bot, software, or other automated method, otherwise “scrape” data posted on or through the Ask Apps Services, or manually extract data from the Ask Apps Services for any commercial purpose, or authorize any third party to do any of the foregoing;
Interfere with or disrupt the Ask Apps Services or servers or networks connected to the Ask Apps Services, or disobey any requirements, procedures, policies or regulations of networks or third party providers connected to, or providing the Services.
ALL ASK APPS SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR SOLE RISK. ASK APPS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE UNIFORM COMMERCIAL CODE, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITATION, ASK APPS MAKES NO WARRANTY THAT THE ASK APPS SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE ASK APPS SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE ASK APPS SERVICES OBTAINED WILL MEET YOUR EXPECTATIONS.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF AN ASK APPS SERVICES REMAINS SOLELY WITH YOU.
ASK APPS EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO SERVICES PROVIDED BY THIRD PARTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ASK APPS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ASK APPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE ASK APPS SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ASK APPS SERVICES; OR (IV) ANY OTHER MATTER RELATING TO THE ASK APPS SERVICES. IN NO EVENT SHALL ASK APPS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE ASK APPS SERVICES.
IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE ASK APPS SERVICES, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
Ask Apps may in its sole discretion and at any time terminate your use of the Ask Apps Services and/or disable your use of the Ask Apps Services, for any or no reason, including, without limitation, if we believe that you have violated or acted inconsistently with the term or policies applicable to your use of the Ask Apps Services. We may do so without advance notice, such as (but not limited to) if we discontinue the Ask Apps Services or any aspect or features of them. Further, you agree that Ask Apps shall not be liable to you or any third-party for any termination of your access to the Ask Apps Services.
The provisions of these Terms of Service pertaining to disclaimers, exclusion of damages, limitations of liability and indemnification shall survive termination.
You acknowledge that the Ask Apps Services contain software, graphics, photos, or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Ask Apps generated Content and Content provided to Ask Apps by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, Ask Apps owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the Ask Apps Services. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website, the Ask Apps Services or networked computer environment is strictly prohibited.
The Ask Apps logos and affiliated properties, are the exclusive property of Ask Apps and/or our corporate affiliates. All other trademarks appearing on the Ask Apps Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Ask Apps Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Ask Apps Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Further, we own and assert a copyright in the selection, coordination, arrangement and enhancement of this website. Our partners may also have additional proprietary rights in the content that they make available through the Ask Apps Services. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way commercially exploit, any of the content on this website.
A) Copyright Protection of content you display using our services. You are solely responsible for any Content you contribute, submit or display on or thorough your use of the Ask Apps Services. It is your obligation to ensure that such content, including photos, text, video and music files, is not violating any copyright. You must either own or have a license to use any copyrighted content that you contribute, submit or display.
B) Ask Apps Copyright Protection Policy. Ask Apps respects and expects its users to respect the rights of copyright holders. On notice, Ask Apps will act appropriately to remove content that infringes the copyright rights of others. Ask Apps reserves the right to disable the access to Ask Apps Services or other services by anyone who uses them to repeatedly infringe the intellectual property rights of others. If you believe a Ask Apps Service, or elements, infringe your copyright rights, Please contact Ask Apps Interactive Network, Inc.'s Copyright Agent at:
Ask Applications, Inc.
29 Wells Avenue, Suite 300
Yonkers, NY 10701
ATTN: Copyright Agent/Legal Dept.
Please ensure you communication includes the following:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of,(sufficient for us to locate it) where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
C) Objectionable Content. Ask Apps may also act to remove Objectionable Content. The decision to remove Objectionable Content shall be made at Ask Apps's sole discretion. "Objectionable Content" includes, but is not limited to:
Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, or libelous;
Content that is hateful, or advocates hate crimes, harm or violence against a person or group;
Content that may harm minors in any way;
Content that has the goal or effect of "stalking" or otherwise harassing another user;
Private information about any individual such as phone numbers, addresses, Social Security numbers or any other information that is invasive of another's privacy;
Content that is vulgar, offensive, obscene or pornographic;
Unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
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.
D) Ownership of Content You Submit. Unless otherwise set forth at the point of submission, you retain ownership of all rights in any Content that you submit, through the use of the Website. However, you grant us permission to use such Content in any way we see fit, for instance for the purposes of marketing and/or promotion of the Ask Apps Services. If, at our request, you send content (such as contest submissions, polling questions) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), such Submissions shall be deemed, and shall remain, the property of Ask Apps. None of the Submissions shall be subject to any obligation of confidence on the part of Ask Apps, and Ask Apps shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Ask Apps shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
E) Repeat Infringer Policy. Ask Apps will terminate a user's access to a Ask Apps Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
F) No Intended Third Party Beneficiaries. No third party is an intended beneficiary of this License.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Ask Apps Services, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Ask Apps any class action, class arbitration, or other representative action or proceeding.
By using the Ask Apps Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Ask Apps (except for matters that may be taken to small-claims court). AS FURTHER SET FORTH IN SECTION 14, YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Ask Apps (except for small-claims court actions) may be commenced only in the federal or state courts located in New York County, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of New York without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
Ask Apps and you agree that Ask Apps and you will resolve any disputes, claims or controversies on an individual basis, and that any disputes, claims, and controversies arising out of or relating to these Terms of Service (such as with respect to their validity or enforceability) or the Ask Apps Services (for example, relating to any person’s access to or use of the Ask Apps Services, or the provision of content, products, services, or technology on or through the Ask Apps Services, or the handling of information collected on the Ask Apps Services), will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Ask Apps and you further agree that Ask Apps and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to these Terms of Service (such as with respect to their validity or enforceability) or the Ask Apps Services (for example, relating to any person’s access to or use of the Ask Apps Services, or the provision of content, products, services, or technology on or through the Service, or the handling of information collected on the Ask Apps Services).
If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in New York County, New York.
This Class Action Waiver section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Ask Apps, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms of Service (such as with respect to their validity or enforceability) or the Ask Apps Services (for example, relating to any person’s access to or use of the Ask Apps Services, or the provision of content, products, services, or technology on or through the Ask Apps Services, or the handling of information collected on the Ask Apps Services).
If any provision of this Terms of Service 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 Terms of Service shall continue in full force and effect.
You agree that any claim or cause of action arising out of your use of the Ask Apps Services or this Terms of Service 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 Apps 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 about this Terms of Service or our information-handling practices, or wish to review, amend or delete any personal information we are storing, please contact us by email or postal mail as follows: