TERMS OF SERVICE

PLEASE READ THESE TERMS OF SERVICE BEFORE USING ANY OF OUR WEBSITES.

LAST UPDATED - 07 April 2014

Legal Terms Applicable to Your Use of the Sites

In these Terms of Service, we use the term Ask (and "we", "us" and "our") to refer to IAC Search & Media Europe, Ltd.

These Terms of Service and Privacy Policy(together the "Agreement"), apply to your use of the websites which Ask makes accessible through the domain [http://de.ask.com/],ask-tb.com, search.ask.com, search.tb.ask.com and home.tb.ask.com, including any sub-domains of any of the foregoing and any other sites that link to these Terms of Service (the "Sites") and any and all services which Ask makes available over such Sites (the "Services"). In addition, your use of any Site is subject to any additional site policies, guidelines, rules and legal terms posted on the relevant Site from time to time.

IT IS IMPORTANT THAT YOU READ ALL DOCUMENTS FORMING THIS AGREEMENT CAREFULLY, BECAUSE BY USING THE SITES, YOU AGREE TO BE BOUND BY THEIR TERMS. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITES.

The Sites are intended for use in the Germany (the "Territory"). We make no warranty or representation that any Site is appropriate, available or legal for use outside the Territory. If you choose to access any Site from outside the Territory, you do so at your own risk and are responsible for compliance with all applicable local laws.

Your use of a particular service may also be subject to terms specific to that service. Ask 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.

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 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 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 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 grants you a personal, non-exclusive, non-transferable, revocable, limited licence, strictly to do the following only, for your personal, non-commercial use, to 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 the condition that you comply with the restrictions on use described in this Agreement 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, link to, frame, or distribute content retrieved from any Site for any commercial purpose whatsoever without the prior written permission of Ask 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 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 and/or its licensors. All rights not expressly granted herein are reserved.

Distributing Content

If you choose to distribute material by means of our Services, you agree that you will only do so 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. Note that 'sending automated queries' includes, among other things:

  • using any software which sends queries to a Site to determine how a website or webpage 'ranks' for various queries;
  • 'meta-searching'; and
  • performing offline searches on any Site.

Posting Material

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 data by means of any Service or on any Site without the permission of your parent or guardian.

You acknowledge and agree that Ask 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 Sites and / or the Services, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will Ask 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

You agree not to use any Site or Service to:

  • post or send any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
  • harm, threaten to harm, "stalk" or harass any person in any way;
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
  • post or send any unsolicited or unauthorised advertising, promotional materials, spam or any other form of solicitation except (i) to the extent that such advertising, materials or solicitation complies with applicable laws, and (ii) in areas of a Site (if any) expressly designated for such purpose;
  • disseminate or transmit any content that infringes or violates any party's copyright, trade mark, trade secret rights, patent or other proprietary rights, including but not limited to using third party copyrighted materials or trade marks without appropriate permission and attribution;
  • disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs;
  • violate any applicable law;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content;
  • post any content in breach of a legal obligation including one imposed on you by a contractual or fiduciary relationship;
  • interfere with or disrupt any Site, Services or servers or networks connected to a Site, or breach any requirements, policies or regulations of networks connected to a Site;
  • collect or store personal data about other users of any Site;
  • engage in any activities that would violate the data protection or privacy rights of others, including but not limited to collecting or distributing any personal information about Internet users without their permission, except as permitted by applicable law;
  • post any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or
  • assist or co-operate with any person engaging in any of the above activities.

Use by Children

If you are under the age of 14, you should not register for any Services or promotions or otherwise provide any data to Ask or via our Services or Sites without the permission of your parent or guardian. If you use any Site or register for any Service, 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, to determine whether any part of any Site or any site linked to from a Site is appropriate for their children. Ask 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.

Registration on Sites

In order to receive certain services or participate in certain promotions Ask may require you to register on a Site. You agree to provide Ask with accurate information when registering for such services or promotions, and to notify Ask 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 Customer Service

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 consent 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 immediately of any unauthorised use of your password or account or any other breach of security. Ask accepts no liability for any loss or damage arising from your failure to comply with this paragraph.

Third Party Sites

The Sites provide links to other sites on the internet operated by third parties. Because Ask has no control over such sites, you acknowledge and agree that Ask 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 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 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

Advertisers and Third Party Vendors

Your dealings with advertisers or third party vendors found on or through any Site or Service, 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 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 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 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 using a Link provided on any Site or any Service 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:

  • sexual abuse images (particularly those involving children) hosted anywhere in the world;
  • criminally obscene content;
  • material containing incitement to racial hatred ; or
  • inappropriate chat or behaviour with or towards a child online

Compliance with Laws

You agree to comply with all laws applicable to your use of the Sites and the Services.

Modifications to Services

Ask 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 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

You agree that Ask, 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 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 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 may, in its sole discretion, retain all data collected from your use of a Site even if Ask Eraser has been enabled for that Site. Further, you agree that Ask 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 acknowledge that you understand and agree to the following statements:

  • The Services are provided for information only. No content on any Site is intended to constitute professional advice of any kind, whether medical, financial, legal or otherwise. Ask is not responsible or liable for any consequences relating directly or indirectly to any action or inaction by you based on information, services or other material on or available through any Site.
  • Your use of the Services is at your sole risk. The Services are provided on "as is" and "as available" basis. To the extent permitted by law, Ask expressly disclaims any and all warranties relating to the Services or the Sites, whether express or implied and including but not limited to any implied warranties of satisfactory quality, fitness for a particular purpose or non-infringement.
  • Ask makes no representation or warranty that the Services or any Site or any User Content, products, services, information or other material obtained by you through the Services will meet your needs; that the Services will be uninterrupted, secure or error-free; or that the results obtained from the use of the Services will be current, accurate, useful or reliable.
  • You obtain material through use of the Services entirely at your own risk and you will be solely responsible for any damage to computer systems or loss of data that results from the download or use of any such material.
  • Your use of the Services is also subject to the additional Specific Disclaimers described here.

Limitation of Liability

Ask's liability - irrespective of its legal ground - shall be limited as follows:

  • Ask shall be liable without limitations (i) in case of intent and gross negligence, (ii) in case of injuries to life, body or health, or (iii) pursuant to the terms of the German Product Liability Act.
  • Subject to the previous sentence above, Ask's liability for slightly negligent breaches of Cardinal Duties shall be limited to such damage which was typical for this kind of business and foreseeable upon the execution of this Agreement.

Ask assumes no liability for consequences arising as a result of the use of, or the inability to use, the Services or otherwise in connection with any Site,

Notwithstanding the above or any other provisions, nothing in this Agreement shall exclude or limit Ask's liability for fraud or fraudulent misrepresentation.

Copyright and Trade Mark Notice

All contents of this web site and any web site that links to this page are: Copyright © IAC Search & Media, Inc. All rights reserved. The 'Ask.com' and 'Ask Jeeves' trade marks that appear throughout the domain [http://de.ask.com/],ask-tb.com, search.ask.com, search.tb.ask.com and home.tb.ask.com , and any other web site that links to this page (collectively, the "Sites") belong to IAC Search & Media, Inc. and are protected by U.K. and U.S. trade mark laws as well as the trade mark laws of other countries. "Ask Jeeves", "Ask" and "Ask! (and device)" are registered trade marks of IAC Search & Media, Inc. The Ask.com logo, the Ask Jeeves logo, the Ask Jeeves butler depiction, Ask for Kids, and other Ask Jeeves logos and product and service names are service marks or trade marks of IAC Search & Media, Inc. (collectively the "Ask Marks").

You acknowledge and agree to the Copyright and Trade Mark Notice posted below:

Use of Ask Marks

You agree not to display or use the Ask Marks in any manner without the prior written permission of IAC Search & Media Europe Ltd ("Ask"). To seek permission to use any of the Ask Marks, please write to Legal Department, IAC Search & Media Europe Ltd, Unit 1, College Business and Technology Park, Blanchardstown North Road, Blanchardstown, Dublin 15, Ireland.

Image and/or Video Search Copyright Information and Disclaimer

The images and/or videos referenced, made accessible or made available to you on these pages or by means of the Sites may be protected by the copyright and/or trade mark laws of the U.K., the U.S. and other countries. Although you are permitted to locate and access these images and/or videos through the Sites, you may need to obtain authorisation of the owner of such materials before using them for any purpose other than viewing on the web. For authorisation to use an image or video, please contact the image owner as indicated on the source site, not Ask. Ask cannot guarantee that an Ask search will not locate unintended or objectionable content and Ask accepts no responsibility or liability for the content of any site included in any search results or otherwise linked to from the Sites, or for your use of such content.

Use of Other Third Party Materials

The Sites may also incorporate or allow you to access other third party materials protected by copyright and/or trade mark laws. Although you are permitted to locate and access these materials through the Sites, you may need to obtain authorisation of the owner of such materials before using them for any purpose other than viewing on the web. For authorisation to use such third party materials, please contact the appropriate third party, not Ask.

Copyrights and Copyright Agent

Ask requests its users to respect the intellectual property rights of others. Ask has designated an agent to receive any notifications of claimed copyright infringement on the Sites, who can be reached as follows:

Legal Department, IAC Search & Media Europe Ltd, Unit 1, College Business and Technology Park, Blanchardstown North Road, Blanchardstown, Dublin 15, Ireland.

It is the policy of Ask to respond to notices of alleged copyright infringement and, following investigation, to terminate the accounts of repeat infringers and/or remove or disable access to any infringing materials as legally required. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Ask's copyright agent with:

  • your name, address, telephone number and email address;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on a Site;
  • a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent or the law;
  • a statement by you that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf;
  • an electronic or physical signature from the copyright owner or the person authorised to act on behalf of the copyright owner.

Trademarks

Ask encourages trademark owners to make their claims directly with the owners of the allegedly infringing web-sites or advertisements, or the Internet service provider that hosts such websites. This is a much more effective way to resolve trademark claims, particularly because advertisers may have similar advertisements on other sites.

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 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'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 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 the laws of the Territory. You submit to the non-exclusive jurisdiction of the courts of the Territory.