IAC Search and Media, Inc. d/b/a Ask.com (“Ask”) provides the Ask.com site (the “Site”) and the offered services and features (the “Services”) subject to these Terms of Service (“Terms of Service”). By using the Site and Services, you are deemed to accept and be bound by these Terms of Service, INCLUDING A MANDATORY ARBITRATION OF DISPUTES CLAUSE AND CLASS ACTION WAIVER CONTAINED IN SECTION 16 BELOW. If you do not accept these Terms of Service, please discontinue using the Site and Services. Your use of the Site or a service included within the Site may also be subject to additional terms that govern particular services, offers, or features, such as community or chat areas or special promotions or contests or sweepstakes (the “Additional Terms”). In the event that any of the provisions in these Terms of Service conflict with Additional Terms provided with any particular service, then these Terms of Service shall control. The Terms of Service applies regardless of the device used to access the Site and/or Services (e.g., personal computer, a mobile device or any other technology or software known today or developed in the future).
Links to the various sections in these Terms of Service are provided below for your convenience.
These Terms of Service may change from time to time, without any notice other than posting on the relevant page. Your continued use of the Site and Services following our posting of changes constitutes your acceptance of any such changes. Please check this page from time to time for current Terms of Service.
All right, title and interest 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, trademarks, service marks, trade names, URLs and content provided by third parties, are the property of Ask, or respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws. You are granted a personal, nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, cache, store and distribute content retrieved from our Site via a generally available consumer web browser for non-commercial use only. You are not granted any other license or right (including by implication, by estoppel or otherwise), with respect to the Site, Services, or any content accessible through the Site or Services. Any rights not expressly granted in these Terms of Service are reserved by Ask.
In your use of the Site and Services, you agree to comply with all applicable laws including those regarding the transmission of technical data exported from the United States or the country in which you reside.
The Site and Services are not intended for children under 13 years of age, and you may not use the Site or Services or register for the Community feature or create a user profile, if applicable, if you are under 13. You hereby represent and warrant that you are at least 13 years of age.
When using any portion of and/or functionality on or through the Site or Services, you agree to abide by the following Code of Conduct.
You may not send automated queries of any sort to the Site, including:
Ask reserves the right to take any action it deems appropriate if it determines, in its sole and absolute discretion, that you have engaged in any of these practices or otherwise violated these Terms of Service. Such action may include removing any of your content, cancelling the account of any user Ask believes to be in violation of the Terms of Service and/or Community Guidelines, terminating your license to access the Site or use the Services or initiating civil or criminal legal proceedings. Internet transmissions are never completely secure.
To access the Site and submit questions or search queries, you do not need to register. If you wish to use the Community features available on the Site, you must join the Community, and create a Community user profile by providing a user name, email address and password. Once you have registered, you will have a public profile and your user name will be displayed with all your questions, answers and comments posted on the Community service, which will be searchable on the web and public. In selecting a user name, you agree that you will not (i) select or use a name of another person with the intent to impersonate that person, or a name incorporating the trademark of a third party; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a name that is illegal, infringing, or offensive to people of ordinary sensitivities. If you choose an avatar or image for your profile, that avatar or image will also be published in connection with your questions, answers and comments and will be searchable on the web. You may not post an image that is illegal, infringing, or offensive to people of ordinary sensitivities. Your user name and avatar must comply with the Community Guidelines.
Questions and answers from the Community will be communicated to you via email and via posting in the Community Site. By providing your email address to us, you agree that we can send you email communications in connection with the Community service. By setting up an account you will be automatically subscribed to the Ask newsletter and receive news and updates about Ask’s products and services. You can choose at any time to no longer receive emails in connection with the Community service, or to tailor your email frequency settings through your profile page or by clicking the “unsubscribe” link at the bottom of each email sent by Ask.com. If you limit or block emails, you will have to consult the Community pages to find out whether a member has answered your question.
If you choose to forward content from the Site via email, you agree that you will forward such content only to willing recipients known to you and that you will not use the Site or Services for engaging in spam or other unauthorized conduct.
You must submit a password to set up and access your Community profile. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your password or profile. We may offer users the ability to remain logged into their profile for two weeks (even if they restart their browser). If you do not log out of your profile periodically, there is a risk of session hijacking by a third party. In addition, if you are using a public or shared computer, we recommend that you log out of your profile at the end of each session; otherwise, a subsequent user of the computer could access the Community under your account and impersonate you. You agree to notify Ask immediately of any unauthorized use of your password or profile or any other breach of security. Ask will not be liable for any loss or damage arising from a third party accessing or using your profile.
All questions, answers and comments you post through the Community service (“Community Content”) will be available publicly. Please do not submit Community Content unless you understand that it will be available publicly. You should not assume that you are anonymous online and cannot be identified by or from your Community Content. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Community Content. You agree that all of your Community Content will comply with the requirements of these Terms of Service and the Community Guidelines. Ask does not pre-screen Community Content, but will allow Community members to flag Community Content for review and moderation. Ask reserves the right (but does not have the obligation) to remove or edit, at any time and without notice to the user who posted it, any Community Content that is inappropriate or otherwise does not meet the Community Guidelines. You will indemnify Ask and its affiliates for all claims resulting from the Community Content you post to the Site.
If you post or submit questions, answers, comments, feedback or any other content, including Community Content, and/or submit votes or flags for moderation (“Postings”), you agree that Ask may copy, distribute, display, publish, modify or translate your Postings for any purpose and in any medium worldwide (including incorporating answers 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. Such license that you are granting Ask is royalty-free, perpetual, irrevocable and sub-licensable (which means Ask may grant other parties rights to use the content of your Postings).
The Site and Services include links to other websites 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 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 websites.
To offer use of the Site and Services to its users for free, Ask allows advertisers to display advertisements or promotional answers on the Site. Your dealings with advertisers and third party vendors found on or through the Services and/or on the Site, including your participation in promotions, purchase of goods and services, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party advertiser or vendor. Ask does not make any representations or warranties with respect to any goods, services or websites that appear in advertisements or promotional answers, 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, through advertisers and/or third party vendors. You understand that there is an inherent risk in submitting content to the Site and/or Services, and that any communications may be subject to interception by a third party.
Ask does not control actions or content posted by its users through the Community service and does not guarantee the accuracy, integrity or quality of any Community Content. You acknowledge and agree that Community Content and any and all liability arising from Community Content is the sole responsibility of the user who posted the content, and not Ask.
You understand that by using the Services, you may be exposed to content that is offensive, indecent or objectionable. In addition, if you rely on the accuracy, completeness, or usefulness of any linked third party websites or resources or any answer or comment posted by a Community member, you do so solely at your own risk. Under no circumstances will Ask be liable in any way for such content, including, but not limited to, for any errors, omissions or misrepresentations in any linked third party website or Community Content, or for any loss or damage of any kind incurred by you as a result of your use of, or reliance on, any linked third party website or Community Content.
You acknowledge that Ask is a provider of interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. § 230, and expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider of the Site or through any Community features.
You acknowledge, consent, and agree that Ask may access, preserve, and disclose your account information and/or any content you submit or make available for inclusion on the Site and/or Services, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary for any of the following reasons: (1) to comply with legal process; (2) to enforce these Terms of Service; (3) to respond to claims that any content violates the rights of third parties; (4) to protect the rights, property, or personal safety of Ask, its users, and the public; or (5) to respond to your requests for customer service.
Ask reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the 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 Services.
You can terminate your Community account at any time by sending a request through the Settings – Your Account page. You can also delete your Community profile information at any time by contacting us at email@example.com. We may terminate your use of the Site and/or Services or Community account and deny you access to the Community service in our sole discretion due to: (i) your violation of these Terms of Service and/or Community Guidelines; (ii) lack of use of the Community service; or (iii) if we consider, in our sole discretion, that (a) certain questions, answers or comments you have posted are inappropriate and/or do not meet the Community Guidelines, (b) your use of the Site or Services or your behavior within the Community does not meet our community standards or violates the Community Guidelines or (c) you have otherwise violated these Terms of Service. You agree that any termination of your access to the Services may be effected without prior notice, and acknowledge and agree that Ask may immediately deactivate or delete your Community account and all related information and/or bar any further access to your account or the Site or Services. If you use the Site or Services in violation of these Terms of Service, Ask may, in its sole discretion, retain all data collected from your use of the Site or Services. 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 Site or Services.
BY USING THE SITE AND SERVICES YOU UNDERSTAND AND AGREE THAT:
YOU UNDERSTAND AND AGREE THAT ASK, ITS SUBSIDIARIES, AND AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARE 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:
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.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
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) Community Content or other content you post to the Site or otherwise display or transmit through the Services, (b) your use of or reliance on the Site or Services, (c) your connection to the Site or Services, (d) your violation of these Terms of Service or the Community Guidelines, or (e) your violation of any rights of another party.
All contents of this Website are: Copyright (c) 2013 IAC Search & Media All rights reserved. The logos, marks, product and service names that appear throughout the Site (the “IAC Search & Media Marks) belong to IAC Search & Media and are protected by U.S. and international trademark laws. You agree not to display or use the IAC Search & Media Marks in any manner without IAC Search & Media’s prior written permission. To seek permission to use any of the IAC Search & Media Marks, please contact IAC Search & Media in writing at the following address:
IAC Search & Media, Inc.
Attention: Legal Department
555 12th Street, Suite 500
Oakland, CA 94607
Ask respects the intellectual property rights of others and requires those that visit the Site and use the Services to do the same. Ask may, in appropriate circumstances and at our discretion, remove or disable access to material on the Site or Services that infringes upon the copyright rights of others. Ask also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to the Site or users of our Services repeatedly infringe on others’ copyrights, Ask may in its sole discretion terminate those individuals’ rights to use the Site and/or Services pursuant to our Digital Millennium Copyright Act repeat infringer policy.
If you believe that your work has been used on Ask’s Site or in connection with its Service in any manner that constitutes copyright infringement, please notify Ask’s copyright agent by written notice. The notice should include the following information:
The contact information for Ask’s copyright agent for notice of claims of copyright infringement on the Site and/or in connection with the Services is:
Mail: Ask.com Copyright Agent, Attn. Legal Dept, IAC Search & Media, Inc., 555 12th
Oakland, CA 94607
These Terms of Service 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.
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.
ARBITRATION IS DIFFERENT FROM COURT; THE RULES, INCLUDING DISCOVERY ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT.
Except as otherwise provided in this section 16, by using the Site and Services, you and Ask agree to submit any disputes arising from the use of the Site or Services or any interpretation, violation, non-performance, termination or invalidity of these Terms of Service or this arbitration provision (including questions of its formation and enforceability) to final and binding arbitration under the Commercial Rules of Arbitration of the American Arbitration Association, which can be found here, by one or more arbitrators appointed in accordance with those Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state of California as set forth in section 15 above. You agree to submit to binding arbitration in either San Francisco, California or your county of residence. Ask will agree to commence arbitration in your county of residence. At your written request, Ask will consider any requests to advance or reimburse any arbitration filing fee, or administrative and hearing fees that you are required to pay to pursue a claim in arbitration. The arbitrator will decide who will ultimately be responsible for paying those fees. In no event will you be required to reimburse Ask for any arbitration filing, administrative, or hearing fees in an amount greater than what your court costs would have been if the claim had been resolved in court.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
Any proceedings to resolve any dispute will be conducted solely on an individual basis. Neither you nor Ask will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration proceeding may be combined with another without the prior written consent of all parties to the applicable proceeding.
YOU AND ASK ALSO HEREBY WAIVE THE RIGHT TO A JURY TRIAL FOR ANY ARBITRAL CLAIM. IF FOR ANY REASON THIS SECTION 16 IS HELD NOT TO APPLY TO AN ARBITRAL CLAIM, WHETHER SUCH ARBITRAL CLAIM IS AGAINST YOU, ASK, OR ASK INDEMNIFIED PARTIES, BOTH YOU AND ASK STILL AGREE TO WAIVE TRIAL BY JURY FOR THAT ARBITRAL CLAIM. BY USING THE SITE AND/OR SERVICES, YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL.
Notwithstanding the parties’ decision to resolve all disputes through arbitration, this agreement does not preclude claims by Ask to enforce its intellectual property rights and/or remedy unfair competition, misappropriation of trade secrets, unauthorized access, fraud or computer fraud, and/or industrial espionage. Neither party is precluded from seeking relief in a court located in San Francisco, for provisional remedies, including temporary restraining order, preliminary injunctions, and receiverships, pending arbitration or comprehensive litigation, to the extent authorized in this section 16.
If any provision of these Terms of Service is found by a court or other binding authority to be invalid, the remaining provisions contained in these 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 Site or Services or these 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 to enforce or exercise any provision of these Terms of Service or any related right shall not constitute a waiver of that right or provision.
You agree that, except for Ask and as otherwise expressly provided in these Terms of Service, there shall be no third party beneficiaries to this agreement.
The section titles in this Terms of Service are for convenience only and have no legal or contractual effect.
If you have any questions or concerns with respect to these Terms of Service or Site and Services, please see our Customer Support Page here.
Updated: March 27, 2014