TERMS OF SERVICEPLEASE READ THESE TERMS OF SERVICE BEFORE USING ANY OF OUR WEBSITES. LAST UPDATED – 5 May 2011 Legal Terms Applicable to Your Use of the Sites These Terms of Service, as amended from time to time("Agreement"), apply to your use of the websites (the "Sites") and services (the "Services") which IAC Search & Media Europe Ltd ("Ask Jeeves") makes accessible through the domains www.uk.ask.com, www.ask.co.uk, www.askjeeves.com, www.askjeeves.co.uk including any subdomains of any of the foregoing such as www.uk.ask.com/gardens and any other sites that link to these Terms of Service. IT IS IMPORTANT THAT YOU READ THIS AGREEMENT CAREFULLY, BECAUSE BY USING THE SITES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITES. The Sites are intended for use in the United Kingdom. We make no warranty or representation that any Site is appropriate, available or legal for use outside the United Kingdom. If you choose to access any Site from outside the United Kingdom, you do so at your own risk and are responsible for compliance with all applicable local laws. Your use of a particular service (for example, the Ask Jeeves Partner Programme) may also be subject to terms specific to that service. Ask Jeeves will post service-specific terms on the web page associated with the relevant service. All service-specific terms are incorporated into this Agreement. If there is any inconsistency between service-specific terms and the terms in this Agreement, the service-specific terms shall prevail in relation to the provision of the relevant service. In addition, your use of any Site is subject to our Privacy Policy and to any additional site policies, guidelines, rules and legal terms posted on the relevant Site from time to time, including the Ask Jeeves Copyright/Trademark Notice and the Ask Jeeves Specific Disclaimers. Our Privacy Policy and all such additional policies, guidelines, rules and legal terms form part of this Agreement. NOTHING IN THIS AGREEMENT AFFECTS YOUR STATUTORY RIGHTS. Changes to this Agreement We reserve the right to change the terms of this Agreement (including the terms of our Privacy Policy or any additional site policies, guidelines, rules or legal terms posted on any Site) from time to time. Except as expressly provided in this Agreement, any changes we make to the Agreement will be effective immediately upon being posted on the Sites. Your continued use of any Site following the posting of any such changes constitutes your acceptance of them. You should therefore check this page on a regular basis to ensure you are familiar with the most current version of the Agreement. You can determine when the Agreement was last updated by checking the "Last Updated" legend at the top of the Agreement. Intellectual Property Rights and Restrictions All right, title and interest in and to the Sites and the Services including but not limited to any Site's look and feel; all trade marks, trade names, designs, URLs or technology associated with or used to create or operate any Site or Services; any software available through any Site; or any data, information, text, graphics, images, sound or video materials, photographs or other content displayed on any Site is owned by Ask Jeeves or its third party licensors and protected by copyright, trade mark, database rights, patent or other proprietary rights and laws. Except as expressly permitted in this Agreement or by applicable law or by Ask Jeeves in writing, you may not (and may not permit any third party to) copy, modify, rent, lease, sell, transfer, distribute, display, license, reverse engineer, create derivative works based on or attempt to discover any source code of any of the foregoing. Your Licence to Access Content Ask Jeeves grants you a personal, nonexclusive, nontransferable, revocable, limited licence strictly to do the following, only for your personal, non-commercial use: view, reproduce, print, cache, store and distribute content retrieved from a Site via a generally available consumer web browser. The foregoing licence is granted on condition that you comply with the restrictions on use described above and that you do not (and do not permit any third party to) remove or obscure the copyright notice or other notices displayed on such content. You may not reproduce, print, cache, store or distribute content retrieved from any Site for any commercial purpose whatsoever without the prior written permission of Ask Jeeves or the copyright holder identified in the relevant copyright notice. You agree not to modify the Services in any manner or to use modified versions of the Services, including (without limitation) for the purpose of obtaining unauthorised access to the Services. You agree not to access the Services by any means other than through the interface provided by Ask Jeeves for use in accessing the Services. Except as expressly provided in this Agreement, nothing in this Agreement or on any Site shall be construed as conferring any other licence or right (whether expressly, by implication or otherwise) respect to any intellectual property rights belonging to Ask Jeeves and/or its licensors. All rights not expressly granted herein are reserved. Forwarding Content If you choose to forward content from a Site by means of our Services, you agree that you will only forward such content to recipients you know will be happy to receive it and who are known to you. You agree that you will not use such Services for engaging in spam or other illegal conduct. No Automated Querying You may not send automated queries to any Site without express permission in advance from Ask Jeeves. Note that "sending automated queries" includes, among other things:
Posting Material on the Sites The Sites may allow users to post or upload information, data, text, photographs, graphics, messages and/or other content ("User Content"). If you are under the age of 14, you should not post any of your personal data on any Site without the permission of your parent or guardian. You acknowledge and agree that Ask Jeeves does not control User Content and cannot guarantee the accuracy, integrity or quality of any such content, and that the person who posts User Content is solely responsible for such content and solely liable for any and all loss or damage caused by such content. You understand that by using the Services, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will Ask Jeeves be liable in any way for any User Content, including but not limited to any errors, omissions or misrepresentations in any User Content, or for any loss or damage arising from any User Content and/or any use thereof. If you do choose to post content on any Site, you understand that such content will be available publicly. You should not assume that you are anonymous online and cannot be identified by User Content. You agree that all User Content you post will comply with the requirements of this Agreement. Restrictions on Use of the Sites You agree not to use any Site to:
Use of the Sites by Children If you are under the age of 14, you should not register for any Services or promotions or otherwise provide any of your personal data to Ask Jeeves without the permission of your parent or guardian. If you use any Site, we will assume, and you confirm, that you are 14 years of age or older or that you have the permission of your parent or guardian. If you are the parent or guardian of a child under the age of 14, you should carefully supervise your child’s use of the Services and Sites. It is the responsibility of parents or guardians, and not Ask Jeeves, to determine whether any part of any Site or any site linked to from a Site is appropriate for their children. Ask Jeeves invites parents and guardians to visit the website of the Internet Watch Foundation for information and advice on protecting their children when they are online. Registering on the Sites In order to receive certain services or participate in certain promotions, and provided you are at least 14 years old or have the permission of your parent or guardian, Ask Jeeves may require you to register on a Site. You agree to provide Ask Jeeves with accurate information when registering for such services or promotions, and to notify Ask Jeeves of any changes to that information, to ensure it remains accurate. We reserve the right to terminate this Agreement and/or your use of any Site if any information provided by you is inaccurate. If you wish to terminate your registration for any Service, please email Ask Jeeves Customer Services (see Contact Us for details). Passwords and Security Access to certain Services may require you to choose a user name and password. If you do so, (i) you confirm by so doing that you are at least 14 years old or have the permission of your parent or guardian, and (ii) you are responsible for maintaining the confidentiality of your password and account information and for logging out of your account at the end of each session. In selecting a user name, you agree not to (i) impersonate another person; (ii) use a name subject to the rights of any person without their permission; or (iii) use a name that is offensive, illegal, or infringing. You are responsible for all activities that occur under your password or account. You agree to notify Ask Jeeves immediately of any unauthorised use of your password or account or any other breach of security. Ask Jeeves accepts no liability for any loss or damage arising from your failure to comply with this paragraph. Third Party Sites and Links The Sites provide links to other sites on the World Wide Web operated by third parties. Because Ask Jeeves has no control over such sites, you acknowledge and agree that Ask Jeeves is not responsible for the availability of such external sites, and does not endorse and is not responsible or liable for any content, advertising, products, services or materials on or available through such sites. You further acknowledge and agree that Ask Jeeves shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods or services on or available through any such site. Finally, you acknowledge that Ask Jeeves has no control over the terms and conditions and/or privacy policies of such third party sites and that such terms and conditions and/or privacy policies will govern your rights and obligations with respect to the use of those websites. Dealings With Advertisers Or Third Party Vendors Your dealings with advertisers or third party vendors found on or through any Site, including any participation in promotions, purchases of goods or services, and any terms, conditions, warranties or representations associated with such activities, are on such terms as are determined between you and the third party. Ask Jeeves does not make any representations or warranties with respect to any goods, services or websites that may be supplied or operated by such third parties, and you agree that Ask Jeeves will have no liability for any loss or damage of any kind incurred in connection with your use of or reliance on any content, goods, services, information or other materials on or available through such third parties. You acknowledge that such third party sites usually have their own terms and conditions, including privacy policies, over which Ask Jeeves has no control and which will govern your rights and obligations with respect to the use of those websites. Reporting Illegal Content If, by means of a link provided on a Site, you discover any of the following types of content on a site operated by a third party, please report it directly to the Internet Watch Foundation on their website located at www.iwf.org.uk:
Compliance with Laws You agree to comply with all laws applicable to your use of the Sites and the Services. Modifications To Services Ask Jeeves reserves the right at any time and from time to time to modify, suspend or discontinue the Services (or any part thereof) with or without notice. You agree that Ask Jeeves will not be liable to you or to any third party for any modification, suspension or discontinuation of any part of the Services. Termination of Access to Services You agree that Ask Jeeves, in its sole discretion, may terminate your access to any of the Services and/or remove or modify any User Content or content within a Site, for any reason including without limitation for lack of use or if Ask Jeeves believes that you have violated the letter or spirit of this Agreement. You agree that any termination of your access to the Services may be effected without prior notice, and agree that Ask Jeeves may immediately deactivate or delete any account you may have and all related information and files in any such account and/or bar any further access to such files or the Services. In addition, if you violate this Agreement, Ask Jeeves may, in its sole discretion, retain all data collected from your use of a Site even if AskEraser has been enabled for that Site. Further, you agree that Ask Jeeves shall not be liable for the discontinuation or termination of your access to the Services, or collection of information if you have violated this Agreement, even if advised of a claim for damages. Information Disclaimer and Disclaimer of Warranties By using the Services you understand and agree that:
Limitation Of Liability You agree that Ask Jeeves will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages or for any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services, howsoever caused and whether arising (i) as a result of the use of, or the inability to use, the Services or otherwise in connection with any Site, or (ii) on the basis of breach of contract, tort (including negligence and strict liability) or otherwise. These limitations will apply whether or not Ask Jeeves has been advised of the possibility of such damages. You also agree that in no circumstances will Ask Jeeves’s liability for any damages hereunder exceed £50. Notwithstanding the above or any other provisions, nothing in this Agreement shall exclude or limit Ask Jeeves’s liability for fraud, fraudulent misrepresentation, death or personal injury resulting from negligence or any other liability which cannot lawfully be excluded or limited. Copyright and Trade Mark Notice You acknowledge and agree to the Copyright and Trade Mark Notice posted here. No Other Agreements This Agreement, which includes any other documents incorporated herein (including our Privacy Policy, Specific Disclaimers and Copyright and Trade Mark Notice), sets forth the complete agreement between Ask Jeeves and you relating to your use of the Services and the Sites and supersedes any/ all previous agreements relating to such use. Third Party Rights You agree that Ask Jeeves’s affiliated companies will be third party beneficiaries of this Agreement and so entitled to enforce or rely on any provision of this Agreement. Otherwise, any person who is not a party to this Agreement will have no rights related to it. Severability If any provision of this Agreement is found by a court to be invalid, you agree that such provision shall be deemed to be replaced by an alternative provision that gives effect to the parties' original intentions to the extent legally possible, and the remaining provisions of this Agreement shall continue in full force and effect. No Waiver Any failure by Ask Jeeves to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that provision or right. Applicable Law This Agreement is governed by English law. You submit to the non-exclusive jurisdiction of the courts of England. Contact Information Click here for Ask Jeeves contact information. |
