COMBINED ASK.COM END USER LICENSE AGREEMENT AND TERMS OF SERVICE
IMPORTANT - PLEASE READ CAREFULLY
By clicking on the "Submit" or "Download" or "I Accept" or such similar button or link as may be designated for purposes of initiating the download of the accompanying software product (the "Software") or by using such Software, the end user ("you") agrees to be legally bound by this Combined Ask.comá End User License Agreement and Terms of Service (this "Agreement").
I. Software End User License Terms
The Software is not spyware, by which we mean that the software does not facilitate keystroke monitoring, does not interfere with normal installation, operation or removal of the Software or other programs, does not harm or compromise programs or data stored on your computer, and does not introduce or facilitate malicious or harmful code of any kind.
1. License Grant
Subject to the terms and conditions of this Agreement, Ask.comá ("we" or "us") grants you a non-exclusive, revocable, limited license, to (a) download and install the most current generally available version of the Software, and (b) use the Software you download and install solely for your personal, non-commercial purposes. The term Software includes all updates thereto which we make available to you.
2. License Conditions
You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer the Software or this Agreement or use the Software for the benefit of any third party through any outsourcing or time-sharing arrangement or through the operation of any service bureau. You may not modify, reverse-engineer, decompile, disassemble, or otherwise discover the source code of, the Software, or attempt to do so for any reason. Further, you may not access, create or modify the source code of the Software in any way. You do not have the right to and may not create derivative works of the Software. All modifications or enhancements to the Software remain our sole property. You understand that we, in our sole discretion, may modify or discontinue or suspend your right to access any of our services or to use the Software at any time, and we may at any time suspend or terminate any license hereunder and disable the Software or any of its component features.
We reserve the right to add additional features or functions to the Software. When installed on your computer, the Software periodically communicates with our servers. We may require the updating of the Software on your computer when we release a new version of the Software, or when we make new features available. Such updates will occur only upon prior notice to you, except for the limited case where notice is not possible due to technical problems or an emergency that requires us to update the Software in order to maintain existing functionality or to comply with the law.á You understand that we may require your review and acceptance of our then-current privacy policy, terms of service and/or end user license agreement before you will be permitted to access any subsequent versions of the Software. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the Software. You represent and warrant that you are either the owner or an authorized user of the computer where the Software is installed.
3. Changes To This Agreement
We may make changes to this Agreement from time to time in our sole discretion. Each time changes are made to this Agreement, a revised Agreement will be posted on www.ask.com. Please check this link from time to time for the current version of this Agreement.
Your continued use of the Software following the posting of changes constitutes your acceptance of any such changes. If you do not accept such changes, you must remove the Software from your computer and cease all access to and use of our services hereunder. Failure to so remove the Software from your computer or to cease accessing our services will be deemed acceptance of the terms of the most current Agreement.
4. Ownership
You acknowledge and agree that the Software is licensed, not sold to you. You acknowledge that the Software, including all code, content, protocols, software, and documentation provided to you by us in conjunction with the Software or our services are our property or the property of our licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we have placed on the Software. All rights not expressly granted hereunder are expressly reserved to us and our licensors.
5. Security
The Software is exposed to various security issues, and should be regarded as insecure. By accepting this Agreement, you indicate that you understand and acknowledge that by using the Software you may be subject to various security risks from third parties, including the exposure of data you have downloaded or have offered to share and unauthorized access to or acquisition or corruption of search results or other data organized or maintained on your computer by the software, and that you accept all such risk as solely your risk and responsibility.
6. Operation
The Desktop Search Functionality permits you to create an index of the files on your computer hard drive and to search for those files using keywords.á The Software will collect certain Anonymous Information (meaning information that cannot be traced back to a specific individual) such as your Internet Protocol address, whether the indexing of your desktop files was successfully completed or terminated, the number of searches you perform (both Desktop Searches and web searches), which features of the Software you use.ááá You may choose not to index all of the files on your desktop or not to index certain types of files.á We will also collect anonymous information regarding the numbers of installations of the Software as well as uninstallations.
The Software does not collect any personally identifiable information about you (such as your name, email address, etc.). Further, the Software does not: (a) collect or report back to us any information about sites you visit on the Internet or the files you choose to index using the desktop search functionality described below; (b) collect or "screen-scrape" any search queries or information that you provide to any other web sites; (c) serve pop-ups or other ads when you are on other websites; or (d) collect or report back to us any data regarding your computer keystrokes or other data unrelated to the services the Software provides as disclosed to you.á However, when you perform a web search query, the Software will communicate with our servers in order to provide the functions made available by the Software, such as processing web search queries or requests, to update the Software, and to verify and update your settings.á
The Software permits you to use the "MyStuff" service that allows you to save searches. áThis service may be used with or without registration, but certain functionality is available only with registration.
Your use of the Software is subject to our Privacy Policy available on www.ask.com (the "Website").á Such Privacy Policy is incorporated herein by this reference. If you do not agree to the terms of the Terms of Service below and the Privacy Policy, then do not install the Software.
7. Termination
You may terminate this Agreement at any time by uninstalling and destroying all copies of the Software in your possession or control. We may terminate this Agreement, disable the Software or cease providing you any service at any time in our sole discretion.
You may uninstall or remove the Software at any time by following the instructions on our website or by using the Windows add/remove programs function to remove the Software.
Upon termination, cancellation, suspension or expiration of this Agreement for any reason and by either party, you agree to cease all use of the Software and our services. You shall not thereby be entitled to any refund or credit. Sections I.4., I.7., II.17., II.18., II.19., and II. 22 of this Agreement will survive any cancellation or termination of this Agreement.
8. Export Controls
The Software and the underlying information and technology may not be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, (i) you are deemed to represent and warrant that you are not prohibited from receiving the Software based on any of the foregoing laws, and (ii) you are deemed to agree that you will otherwise comply with all applicable export control laws.
9. Notice to Government End Users
The Software and related documentation downloaded or otherwise installed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights as "Commercial Items," as that term is defined at 48 C.F.R. º2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. º12.212 or 48 C.F.R. º227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. º 12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (a) technical information that is not customarily provided to the public, or (b) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
II. TERMS OF SERVICE FOR ASK.COM SERVICES AND SITES
These Terms of Service, as we may revise them from time to time (this "Agreement") state the terms and conditions under which we provide you with various services (collectively, the "Services") on or through the following Internet web sites:á www.ask.com and www.teoma.com (collectively, the "Sites").á This Agreement applies to the Sites and Services as hereafter modified.
By accessing, browsing and/or using any Site and/or Services, including downloading any software available from the Site, you are deemed to accept and to be bound by this Agreement with respect to the use of that Site and those Services. If you do not wish to be bound by this Agreement, please do not access, browse or use any of the Sites or any Services.
1. Protection of Intellectual Property Rights
The contents of the Sites are intended solely for the personal, noncommercial use of our users. All right, title and interest to the content displayed on or accessed through the Sites, including but not limited to the SitesÆ 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 owned by us or the respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws. Except as indicated in any applicable policies, guidelines, terms, rules or instructions provided by us on the Sites or as part of the Services ("Guidelines"), 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 or Services.
2. Changes To This Agreement; Other Terms
We may make changes to these Terms of Service from time to time, in our sole discretion, by posting such revised document on www.ask.com at http://sp.ask.com/docs/about/termsofservice.html. Please check this page from time to time for the current version of these Terms of Service. Your continued use of any of the Sites or Services following the posting of changes to these Terms of Service constitutes your acceptance of any such changes. Upon your acceptance of such revised Terms of Service, this Agreement will be as set forth in such revised Terms of Service.
In addition to the terms of this Agreement, when using particular Services, you shall be subject to any posted Guidelines applicable to such Services and to the "Disclaimers" then posted on the Sites. We may make changes to such Guidelines and Disclaimers from time to time, in our sole discretion, by replacing or updating the applicable documents on the Sites.
3. Our Privacy Policy
You provide us information through your use of the Sites, such as by registering, participating in promotions, and otherwise. Our Privacy Policy, as revised from time to time (which is incorporated herein by this reference), describes the terms and conditions that govern our collection and use of such information, including our respective rights relative to that information. Please review the Privacy Policy before you use the Sites. If you are unwilling to agree to the Privacy Policy, please do not use the Sites, the Software or theá Services.
4. Access to the Services and the Sites
You agree not to modify the Services in any manner or form, or to use modified versions of the Services, including (without limitation) for the purpose of obtaining unauthorized access to the Services or portions of such services. You agree not to access the Services by any means other than through the interface that we provide for use in accessing the 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 our content or any third partyÆs content. Any rights not expressly granted herein are reserved.
5. Software
Any software provided by us to you through the Sites, including any files, images incorporated in or generated by such software, and data accompanying the software (collectively, the "Software") are licensed to you pursuant to the license agreement accompanying the Software. Title to the Software is not transferred to you.
6. No Automated Querying
You may not send automated queries of any sort to any of the Sites without our express prior written permission. Note that "sending automated queries" includes, among other things: (a) using any software which sends queries to a Site to determine how a website or webpage "ranks" for various queries; (b) "meta-searching"; and (c) performing "offline" searches on any Site.
7. Postings and Other Content on the Sites
Certain Sites may allow users to post or upload information, data, text, photographs, graphics, messages and/or other content ("Postings"). A Posting may be placed on a chat area, a bulletin board, an "instant messaging" message or a virtual community offered as part of the Services.á A posting may also be placed on your own "notes" page for some of our services.á 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 (the "Poster"), and not us. We do not control the Postings and do not guarantee the accuracy, integrity or quality of any Postings. 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 acknowledge that we do not pre-screen Postings, but that we have the right, but not the obligation, to refuse to make available, to modify or to remove any Postings or portions of Postings in our 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.
Please understand that if you place a Posting on a Site, your Posting may be available publicly. You should not assume that you are anonymous online or that youá cannot be identified by your Postings. Due to the potential risks presented with Postings, children under the age of 13 are prohibited from placing Postings on a Site.áá You agree that all of your Postings will comply with the requirements of this Agreement.
If you place Postings on a Site, you agree that we may copy, distribute, display, publish, modify or translate such Postings for any purpose and in any medium worldwide (including incorporating your Postings into our answer databases or any other property, product or service of ours) without any obligation to compensate you or any other third party in any way for any such use. We may grant other parties these same rights as to your Postings. The foregoing license will not be affected by your removal of any Posting.
You understand and agree that by using the Sites and Services, such as by viewing search results or clicking through to a third-party website or a cached version of such website by following a search results link, you may be exposed to Postings and third party content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Postings or content, including any reliance on the accuracy or completeness of any Postings or content. Under no circumstances will we be liable in any way for any Postings or content, including, but not limited to, for any errors or omissions in any Postings or content, or for loss or damage of any kind incurred as a result of the use of any Postings or content posted, transmitted or accessed using the Site or Services.
8. Submissions
If you send us creative suggestions, ideas, notes, drawings, or other information relating to the operation of any Site, the nature or scope of any Software or Services, or ways to improve the any Software, Site or Services (collectively, "Submissions"), you agree that we shall automatically and exclusively own all right, title and interest in and to the Submissions. We will not have any confidentiality obligation regarding the Submissions. We shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.
9. Prohibited Conduct
You agree not to use the Sites or the Services to:
a.áááááááááááá Place any Posting that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of anotherÆs privacy, hateful, or racially, ethnically, or otherwise objectionable;
a. Place any Posting that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of anotherÆs privacy, hateful, or racially, ethnically, or otherwise objectionable;
b. Harm, threaten, stalk or otherwise harass any person or entity;
c. Impersonate any person or entity (including our representatives or a moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. Post or distribute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
e. Disseminate, transmit or post any content that infringes or violates any partyÆs copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to: (i) using third party copyrighted materials without appropriate permission, (ii) using third party trademarks without appropriate permission or attribution, or (iii) using or distributing information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
f. Violate any law (whether local, state, national, or international), whether or not intentionally;
g. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Posting;
h. 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);
i. Interfere with or disrupt the Services, the Sites, or servers or networks connected to the Sites or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites;
j. Collect or store personal data about other users;
k. Interfere with any other user's use of the Sites or any Services;
l. 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
m. Post or distribute 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, including any worms, viruses or other harmful, disruptive or destructive files, code or programs.
10. Sites with Registration
Certain Sites require users to register to obtain certain Services. Registration is available to any individual at least 13 years old and whose use of the Sites and Services is not prohibited by any applicable law.á Registration is limited to one registration per user. By registering for the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as requested by our registration form (the "Registration Information") and (b) maintain and update the Registration Information to keep it true, accurate, current and complete. Registrants have the right to terminate their account at any time by sending a request to Ask.com Customer Service using this link: http://web.ask.com/desktop/feedback
11. Passwords and Security
Access to certain Services requires 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 (a) select or use a screen name of another person with the intent to impersonate that person; (b) use a name subject to the rights of any person without their authorization; or (c) 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 (i) to notify us immediately of any unauthorized use of your password or account or any other breach of security, and (ii) to ensure that you exit from your account at the end of each session. We are not liable for any loss or damage arising from the use or misuse of your password or account.
You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other techniques that may have the effect of damaging, destroying, disrupting or otherwise impairing your computer's functionality or operation.
12. Links to Other Web Sites; Caching of Sites
The Services may include search results or links to other Internet web sites or resources.á Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are 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 we are not 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 we have no control and which will govern your rights and obligations with respect to the use of those web sites.
You understand that we may make available caches (saved snapshots) of various Internet web sites to facilitate your viewing of search results. Cached sites can be accessed by clicking on the "cached" link appearing next to the site name in the search results list. All cached pages are displayed with a special banner across the top of the page, which identifies where and when the cached page originated. The foregoing disclaimers and terms apply to all Internet web sites, even ones that are cached. You understand that the cached version of any site might not contain the most recent updates made to such site. If this is a concern for you, then you should be sure to direct your browser to the non-cached copy of the site.
13. Your Contact With Advertisers Or Third Party Vendors
Generally. Your dealings with advertisers and third party vendors found on or through the Sites or 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. We do not make any representations or warranties with respect to any goods or services that may be obtained from such third parties. You agree that we are not liable 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 from or through such third parties. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which we have no control and which will govern your rights and obligations with respect to the use of those Web sites.
Financial Information. The Services allow you to obtain information on companies, stock prices, bonds, and other investments or financial matters. The Services, including all such financial information, are provided for informational purposes only, and no information you may obtain is intended by us to be used for trading or investing purposes. We shall not be responsible for the accuracy, usefulness or availability of any information transmitted via the Services, and shall not be liable for any trading or investment decisions made based on such information.
Shopping Retailers. The Sites and Services include shopping services to help you locate and potentially purchase products from online and offline retailers. We do not, however, control these independent retailers and we do not provide any assurance, warranty or guarantee of any kind that you will be satisfied with their products or services. When shopping using the Sites or Services you acknowledge and agree that: (a) we do not endorse any of the products or service linked to, from, or through the Sites or Services, and (b) we have not taken any steps to confirm the accuracy or reliability of any of the information provided by third parties through us or the Sites or Services. We expressly disclaim any and all representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. We advise you to exercise your own judgment and investigate as you deem necessary before proceeding with any online or offline transaction with any of these third parties.
14. Compliance with Laws
You agree to comply with all applicable laws regarding your use of the Sites and Services 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.
15. Modifications To Sites and Services
We reserve the right at any time and from time to time to modify, suspend, discontinue or terminate the Sites or the Services (or any part thereof) with or without notice. You agree that we are not liable to you or to any third party for any modification, suspension, discontinuation or termination of the Sites or the Services.
16. Termination of Your Access to Sites and Services
Subject to any rights you may have under the Guidelines, you agree that we, in our sole discretion, may terminate your access to the Sites and the Services, and/or remove, discard or modify any of your Postings or content within such service, for any reason, including, without limitation, for lack of use or if we believe 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 Sites and Services may be effected without prior notice, and acknowledge and agree that we 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 Sites and Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Sites and Services, even if advised of a claim for damages.
17. Information Disclaimer and Disclaimer of Warranties
You understand and agree that:
(a) Your use of the Software, Sites and Services is at your sole risk. The Software, Sites and Services are provided on an "AS IS" and "AS AVAILABLE" basis. We expressly disclaim 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;
(b) The Software, Sites and Services are provided for informational purposes only. No content on the Software, Sites or Services is intended to constitute professional advice, whether medical, financial, legal or otherwise. Neither we nor any other person posting or otherwise providing information, services or material on the Software, Sites or Services are responsible or liable for any consequences relating directly or indirectly to any action or inaction you take based on the information, Software, Services or other material on the Sites;
(c) We make no representation or warranty that the Software, Sites or Services will meet your requirements, that the Software, Sites or Services will be uninterrupted, secure, current or error-free, that the results that may be obtained from the use of the Software, Sites or Services will be accurate, timely, useful or reliable, or that the quality of any Software,á Postings, products, Services, information or other material obtained by you through the Software, Sites or Services will meet your needs;
(d) Any material obtained through the use of Software, Sites or 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; and
(e) No advice or information, whether oral or written, obtained by you from the Sites or through or from the Software or Services shall create any warranty.
These disclaimers constitute an essential part of this Agreement.
18. Limitation of Liability
You understand and agree that none of us, our subsidiaries, our affiliates, our suppliers, our advertisers, our merchant partners, nor our or their officers, directors, employees, and agents (the "Covered Partiesö) are 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, and costs of procurement of substitute products or services, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from: (a) this Agreement or the use of, or the inability to use, the Software, Sites or Services, (b) unauthorized access to or alteration of your transmissions or data, (c) the statements or conduct of any third party on the Sites or Services, (d) reliance on content or Postings on the Sites or Services, or (e) any other matter relating to this Agreement, the Software, the Sites or the Services. These limitations will apply whether or not we have been advised of the possibility of such damages. In no event will our direct liability, or the direct liability of any other Covered Party to you hereunder exceed $100.00. Some jurisdictions do not allow the limitation or exclusion of liability for damages, so some of the above limitations might not apply to you.
19. Your Indemnification of Us
You agree to indemnify and hold us and each other Covered Party, 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, the Sites, Services or any Software, (c) your connection to the Sites, (d) your violation of this Agreement, or (e) your violation of any rights of another party.
20. Trademark Notices
The Ask.com Marks that appear throughout the Ask.com web sites belong to Ask.com and are protected by U.S. and international trademark laws. Ask.com and the "ask" button are registered trademarks of Ask.com. The "Ask" logo, Ask.com for Kids, Branded Response, Premier Listings, MyStuff, and other Ask.com logos and product and service names are service marks or trademarks of Ask.com. (the "Ask.com Marks").
You agree not to display or use the Ask.com Marks in any manner without our prior written permission. To seek permission to use any of the Ask.com Marks, please contact us in writing at the following address:
Ask.com
Attention: Legal Department
555 12th Street
Oakland, CA 94607
21. Copyrights and Copyright Agent
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512 (the "DMCA"), we have designated an agent to receive "Notifications of Claimed Copyright Infringement" on the Sites, who can be reached as follows:
CopyrightAgent@ask.com, or
Ask.com
Attention: Annie Capeler, Copyright Agent
555 12th Street
Oakland, CA 94607
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement and that the illegal copy appears on or is accessible through the Sites or Services, please provide our copyright agent the following:
(a) Your address, telephone number, and email address;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site (or on the third-party site, in the case of infringing search result links, including the URL (Internet address) of such third-party site);
(d) 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;
(e) 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 ownerÆs behalf; and
(f) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
In lieu of preparing your own notification, you may print this Notification of Claimed Copyright Infringement form, complete and sign it, and mail it to our copyright agent at the above address.
Pursuant to the DMCA, once we receive a properly prepared Notification of Claimed Copyright Infringement, we will remove or de-link, as applicable, the allegedly infringing content or site until we receive a properly prepared Counter-Notification. Even after we de-link an allegedly infringing site, it is possible that the site will reappear once a further search is run, due to the technology that many search engines employ in conducting searches for our users. Therefore, a more effective way to remove allegedly infringing material is by filing a Notification of Claimed Copyright Infringement with the Internet service provider that hosts the allegedly infringing website.
Please note that if the allegedly illegal copy appears in content that is supplied to one of the Sites by a third-party content provider, we may respond by referring you to that provider.
If a properly prepared Notification of Claimed Copyright Infringement has been filed with us against you, we will advise you of that fact. If you would like to file a Counter-Notification of Claimed Copyright Infringement, we will provide you with a mail-in form that accompanies our letter to you advising you of the claimed infringement.
You may want to seek independent legal counsel before filing a notification or counter-notification.
22. General Terms
No Other Agreements Between Us. With the exception of our Privacy Policy, the Guidelines and the Disclaimers, this Agreement (as it may be revised by us as provided above) constitutes the entire agreement between you and us governing your use of the Software, the Sites and the Services and supersedes any prior agreements between you and us for that purpose, including any membership agreements or other similar agreements applying to the Software, the Sites or the Services.
Acts of Nature. Under no circumstances shall we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our or their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, and other equipment failures.
Applicable Law; Jurisdiction. This Agreement, including the Privacy Policy, and the relationship between you and us are governed by the laws of the State of California, without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the County of San Francisco, California.
Severability. 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 partiesÆ 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 Us; No Waiver. You agree that any claim or cause of action arising out of your use of the Software, the Sites, the Services, or this Agreement, including the Privacy Policy, 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. Our failure to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
Contact Information. If you have any questions or concerns with respect to this Agreement or the Sites, you may contact Customer Service with this link: http://web.ask.com/desktop/feedback or by mail at:
Ask.com
Attention: Legal Department
555 12th Streetá
Oakland, CA 94607
Headings. The section headings in this Agreement are for convenience only and have no legal or contractual effect.
Effective Date. The effective date of this Combined End User License Agreement and Terms of Service is February 26, 2006.
