Effective Date: 2019-07-22
1. Important information
These terms (“TOU”) are part of the legal documents that govern your access to, and your use of ASKfm if you use the site through the website or through the mobile apps (the “Services”).
1B. Why are these TOU important?
1C. Who is Ask.fm Europe Limited?
Ask.fm Europe Limited is a private limited company incorporated in Ireland with company number 551873 and its registered office at 6th Floor, South Bank House, Barrow Street, Dublin 4, Ireland. Our VAT number is IE 3323023RH. Ireland is a member of the European Union, so the ASKfm is subject to Irish and EU law.
1D. I don’t understand these TOU, can ASKfm help me?
If there’s anything you don’t understand in the TOU (or anywhere else on the Services), please contact us using the contact information below.
1E. What if I don’t accept these TOU?
If you don’t accept these TOU, you must stop using or accessing the Services.
1F. Do I need my parents’ consent to sign up or to use ASKfm?
If you are a minor, that means under the age of legal majority in your country, and are not an emancipated minor (in countries that permit this), you must have your parents’ or guardian’s consent to enter into these TOU and to use the Services, and by using the Services you are confirming that you have received that consent.
2. Who can use ASKfm?
2A. How old do I need to be?
By accessing or using the Services you warrant (that is a legal word for promise and confirm) that you are at least 13 years old (or over the age of legal majority in your country, if higher) and you are fully able and competent to enter into and comply with these TOU.
2B. What if I am under 13?
Sorry, but you can’t use ASKfm if you are under 13 years old. If you are under 13 years of age, you are not permitted to access or use the Services. If we become aware that you are using the Services even though you are under 13 and not permitted to do so, we will deactivate your account and attempt to block you from accessing the Services.
2C. What laws do I need to follow?
You are responsible for making sure you follow all laws and regulations in the country in which you live when you access and use the Services. By using the Services, you are confirming that you have not been convicted of, nor are you subject to any court order relating to, assault, violence, sexual misconduct or harassment.
2D. Do you do any background or criminal checks?
We do not conduct any background checks on users, criminal or otherwise. You need to be careful when interacting with other people online, and you can read more about this in our Safety Center.
3. Registering to use ASKfm
3A. Do I need to register to use the Services?
To use some parts of the Services, you may be required to register for an account with us by providing certain information, including your name, e-mail address, and password. You agree to provide true and accurate information and to update it as necessary to keep it accurate. If you provide us with false information, we reserve the right to suspend or terminate your account.
3B. Can I register through my Facebook or similar accounts?
You may also be able to register to use the Services by logging into your account with your credentials from certain third-party social networking sites (e.g., Facebook). You confirm that you are the owner of this social media account and that you are entitled to disclose your social media login information to us. You authorize us to collect your authentication information and other information that may be available on or through your social media account consistent with your applicable settings and instructions.
3C. Can I share my account or my login details?
No. Only you are allowed to access your account. You must keep your password confidential and, other than sharing it with your parent or guardian if you are a minor, you should not tell anyone your password or let anyone else access your account. (Parents and guardians might also find some useful information here). Sharing your password might lead to all of your posts, messages and personal information being leaked or someone impersonating or pretending to be you. If you don’t keep your password confidential or give it to anyone other than your parent or guardian, we are not responsible for anyone accessing or using your account, including reading or sending messages from it. If you think that someone else might be using your account, you must let us know immediately using the contact information below. You should also immediately change your password. We may terminate your account or block you from accessing the Services if you break the rules on keeping your password secure.
3D. Do I always need to enter my password?
To provide you with ease of access to your account, we may implement technology that enables us to recognize your device and provides you with direct access to your account without requiring you to retype your password when you revisit the Services.
3E. If I don’t register, what can I see?
Non-registered users are able to access only the parts of the Services that are publicly available and do not enjoy all of the privileges of being a registered member. You are, however, still subject to the TOU.
4. What are the rules of using ASKfm?
4A. What are the Community Guidelines?
Community Guidelines are important to any online community, as they let you know what we expect from users and how they interact with each other to ensure everyone has an enjoyable experience at ASKfm. You can read the Community Guidelines here.
4B. What is the Safety Center?
We want all users to have a safe experience online, and we have created, with industry experts and the support of our Safety Advisory Board, many resources to help you, your parents, teachers and law enforcement agencies understand our approach to safety and how you can enjoy a safe experience. You should look at the Safety Center, which is here and has lots of helpful information for you, your parents, teachers and law enforcement.
4C. What am I allowed or not allowed to post on ASKfm?
You are solely responsible for everything you write or post on ASKfm, and the following rules apply (the “Rules of Conduct”).
You must not post or send anything which:
- Is mean, is bullying someone or is intended to harass, scare or upset anyone;
- Is deliberately designed to provoke or antagonize people, especially trolling;
- Uses rude words or is intended to upset or embarrass anyone;
- Encourages dangerous or illegal activities or self-harm;
- Depicts horrible, shocking or distressing things;
- Is obscene or pornographic, contains any pictures of naked people, is sexually explicit or depicts graphic violence;
- Contains any threat of any kind, including threats of physical violence to yourself or others, or incites others to commit violent acts against themselves or others;
- Is racist or discriminates based on someone’s race, religion, age, gender, disability or sexuality;
- Infringes other individual’s privacy rights;
- Is illegal, could expose ASKfm to legal liability, or encourages people to get involved in anything which is illegal (for example, drugs, violence, or crime);
- Is defamatory or violates any third party’s rights, including breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property right;
- Constitutes spam, attempts to sell anything to other users, or competes with the business of ASKfm;
- Contains any computer virus or other malicious code designed to attack, damage, divert, take over, disable, overburden, or otherwise impair the Services;
- Collects user content or information, or otherwise accesses the Services using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission;
- Violates any robot exclusion headers of the site, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;
- Shares, recompiles, decompiles, disassembles, reverse engineers, or makes or distributes any other form of, or any derivative work from, the Services;
- Attempts to scrape or collect any personal or private information from other users or from the Services;
- Pretends to come from someone other than you, or where you are impersonating someone else;
- Intercepts or monitors, damages, or modifies any communication not intended for you;
- May cause any harm or damage to you or anyone else;
- Otherwise breaches the TOU; or
- Attempts to do any of the above.
4D. Do you check my account and my posts?
You acknowledge that we have no obligation to monitor your access to or use of the Services for violations of the TOU or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the TOU and to comply with applicable law or the order or requirement of a court, consent decree, administrative agency or other governmental body. We can also block or respond to content that we determine is otherwise objectionable or as set forth in the TOU. In addition, you acknowledge that we have your consent to monitor and block content that we consider to be harassing or bullying.
4E. Can you block any content I posted if I broke the rules?
We reserve the right, at any time and without prior notice, to remove or disable access to any content for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of the TOU or otherwise harmful to the Services or our users.
4F. Who can see what I post?
5. Does ASKfm own my content once I post it online?
If you submit material to the Services, unless we indicate otherwise, you grant us a perpetual (for questions you ask only), non-exclusive, royalty-free and fully-paid-up, and fully sub-licensable right to access, view, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such material throughout the world in any form, media, or technology now known or hereafter developed. You also permit any other user to view, copy, access, store, or reproduce such material for that user’s personal use. You grant us the right to use the name or username that you submit in connection with such material. You represent and warrant that you own or otherwise control all of the rights to the material that you submit; that the material you submit is truthful and accurate; and that use of the material you supply does not violate these TOU, the rights of any third party, or any applicable laws. You unconditionally waive in favor of us all moral rights in respect of material you submit to the Services under any laws in force from time to time in any part of the world. If you leave the Services, your account information and any material you have posted in response to questions will be deleted, but your questions will remain on the Services in an anonymous form.
6. In-app purchases
6А. Can I use ASKfm without seeing ads?
We may, from time to time, make available in-app purchases, where for payment, you can upgrade available features or upgrade to an ad-free version of ASKfm, depending on availability and your location. For all in-app purchases the following terms apply:
(a) You don’t have to make any in-app purchase to use ASKfm, but some features may require in-app purchases if you choose to use them. You can’t switch it off and unless otherwise provided by ASKfm there’s no cap on the number of purchases you can make, unless you edit your own account settings within the app store that you use to make your purchase (like Apple’s App Store, the Android Google Play Store and others) (what we call “App Store Provider(s)”). You are responsible for managing any money you spend on in-app purchases, and you expressly acknowledge and agree that you are fully responsible for managing your in-app purchases and amounts spent within ASKfm.
(b) If you are under 18, you must have your parents’ or guardians’ permission to make any in-app purchases. More information about in-app purchases (including how you may be able to switch off and/or manage in-app purchases) may be set out in the App Store Provider’s terms and conditions/EULA. If you are a parent or guardian of someone under the age of 18, we recommend that you consider any parental controls that may be provided by the App Store Provider, if you are concerned that your child may make excessive in-app purchases.
(c) You acknowledge and agree that all billing and transaction information is handled by the App Store Provider and is governed by the App Store Provider’s terms and conditions. If you need a refund or have any payment related issues with in-app purchases, you need to contact the App Store Provider directly. We do not control or manage the payment process, so you need to read the terms and policies of the App Store Provider before you make any payments.
(d) ALL SALES ARE FINAL. YOU ACKNOWLEDGE THAT NEITHER WE NOR ANY APP STORE PROVIDER IS REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED IN-APP PURCHASES WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW. IF YOU DO NOT RECEIVE AN IN-APP PURCHASE ITEM THAT YOU PROPERLY PURCHASED THROUGH AN APP STORE PROVIDER, YOU MAY REQUEST A REFUND DIRECTLY FROM THAT PLATFORM PROVIDER SUBJECT TO ITS REFUND POLICY.
(e) If we make an Ads-Free Mode available to you, some adverts may still be shown to you where it is a requirement to view an advert to receive premium content, for example, rewarded video adverts which you may be viewing to receive premium reward features such as premium moods.
(f) Payment will be charged to iTunes Account upon confirmation of purchase.
(g) Subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period.
(h) The account will be charged for renewal within 24 hours before the end of the current period, and the cost of the renewal will be indicated.
(i) Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase.
(j) No cancellation of the current subscription is allowed during the active subscription period.
6B. ASK coins
(a) ASK coins are digital content of ASKfm which provides to the holder of ASK coins the rights to use additional possibilities or the additional services provided by ASKfm under the terms provided by ASKfm. From time to time, it may be available for Users to purchase ASK coins under the terms provided hereunder. ASK coins do not constitute financial instruments or money, cryptocurrency or quasi-money.
(b) Ask coins cannot be combined or used in conjunction with other digital content, promotions, coupons, discounts or special offers, unless otherwise expressly permitted by ASKfm.
(c) Acquiring ASK coins including by paying price of ASK coins you do not acquire ownership title to Ask coins. You do not acquire the right to (shall restrain from) sell, assign, barter, make gift of or otherwise dispose Ask coins unless such disposal expressly permitted by ASKfm. Acquiring ASK coins including by paying price of ASK coins ASKfm grants you a personal, limited, revocable, non-exclusive and non-transferable license to access and use ASK coins on ASKfm only as expressly permitted by these TOU. Accrued by you Ask coins do not constitute your property and are not transferable under procedure of inheritance and/or succession. Unless otherwise expressly permitted by ASKfm any deals on sale-purchase, assignment, barter or otherwise transfer of Ask coins are void and do not crate any legal consequences. Out of Askfm Ask coins cannot be exchanged for cash, or legal tender, or currency of any state, region, or any political entity, or any other form of credit. ASKfm reserves the right to terminate or suspend your access to the Services as well as to terminate or suspend your account with forfeiture of Ask coins from your account if ASKfm in its sole discretion has reasons to believe that you violated any terms of this TOU or other legal documents of ASKfm. The way you can use ASK coins on ASKfm, designated by ASKfm according to the various factors and is subject of the detailed guidelines of ASKfm.
(d) ASK coins are proprietary and are protected by copyright laws, international treaty provisions, trademarks, service marks, and other intellectual property laws and treaties. ASK coins are also protected as a collective work or compilation under copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws as well as any additional copyright notices or restrictions provided by ASKfm. All present and future rights in and to trade secrets, patents, designs, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to ASK coins shall, as between you and ASKfm, at all times be and remain the sole and exclusive property of ASKfm.
6C. Acquisition of the right to use Ask coins by User
(a) By purchasing license to access and use ASK coins (hereinafter Ask coins) you warrant (that is a legal word for promise and confirm) that you are at least 18 years old (or over the age of legal majority in your country, if higher) and you are fully able and competent to enter into and comply with the terms provided hereunder.
(b) You represent and warrant that you have all legal capacity to dispose the monetary funds used to pay the price for license to access and use ASK coins. You represent and warrant that payment by you of the price of Ask coins does not violate the applicable law. You represent and warrant that payment by you of the price of Ask coins does not violate the rights of any third party.
(c) You acknowledge and agree that all billing and transaction information is handled by the App Store Provider and is governed by the App Store Provider’s terms and conditions. If you need a refund or have any payment related issues with Ask coins, then you need to contact the App Store Provider directly. We do not control or manage the payment process, so you need to read the terms and policies of the App Store Provider before you make any payments.
(d) The price for Ask coins is the price displayed by App Store Provider at the moment of arrangement of the payment.
(e) ALL SALES ARE FINAL. YOU ACKNOWLEDGE THAT NEITHER WE NOR ANY APP STORE PROVIDER IS REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED ASK COINS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW. IN THE EVENT THAT YOU DO NOT RECEIVE ASK COINS THAT YOU PROPERLY PURCHASED THROUGH AN APP STORE PROVIDER; YOU MAY REQUEST A REFUND DIRECTLY FROM THAT PLATFORM PROVIDER SUBJECT TO THEIR REFUND POLICY. ASKfm reserves the right in its ASKfm sole discretion to set forth other instruments to acquire the rights to use ASK coins except for the payment of the price of ASK coins.
(f) You can use Ask coins only within ASKfm.
(g) The only authorized and legal supplier of Ask coins is ASKfm. Therefore, Ask coins can be acquired on ASKfm only. In the case you receive an offer to acquire Ask coins from anyone other than ASKfm: (1) you shall ignore such an offer; and (2) you shall apply to ASKfm for clarifications using contact information provided below. If you have made any payment according to the details specified in any offer other than offer of ASKfm, ASKfm will not accept any claims on any discrepancies as well as will not compensate the funds transferred in such way.
(h) We reserve the right to change or discontinue any aspect of Ask coins at any time without notice to you.
6D. Deduction of Ask coins
(a) Under the terms provided by ASKfm the holders of ASK coins may be entitled to deduction of the prescribed amounts of ASK coins in exchange of the designated coverage (Deduction).
(b) Amount of applicable coverage, limitation of the Deduction as well as terms for participation in Deduction are to be designated by ASKfm according to the various factors and is subject of the detailed guidelines of ASKfm.
(c) The amount of coverage for Deduction of Ask coins will be displayed at the point of Deduction. You agree and acknowledge that ASKfm has the sole right to reconsider the rates of coverage, limits of Deduction, terms for participation in Deduction at its sole discretion from time to time. The renewed rates and limits of Deduction to be provided in guidelines of ASKfm from time to time. The limits of Deduction as well as the limits of the payable coverage shall not exceed the limits of payment set forth by payment service provider. In any case the limits of Deduction as well as the limits of the payable coverage per one calendar day shall not exceed equivalent of 1000 USD unless less limits set forth by ASKfm’s guidelines.
(d) Payments of the coverage to be made through payment service provider designated by ASKfm (for instance PayPal) (hereinafter PSP) displayed at the point of deduction. You acknowledge and agree that all payment transaction process is handled by the PSP and is governed by the PSP’s terms and conditions. You understand and acknowledge that ASKfm neither control nor manage the payment process, so you need to read the terms and policies of the PSP carefully before you make any Deduction. PAY ATTENTION THAT ONLY THE USERS OF ASKFM OF THE AGE OF LEGAL MAJORITY HAVING DULY REGISTERED AND VERIFIED PSP ACCOUNT (FOR INSTANCE VERIFIED PAYPAL ACOOUNT) MAY AVAIL OF DEDUCTION. By deducting Ask coins you warrant (that is a legal word for promise and confirm) that you are at least 18 years old (or over the age of legal majority in your country, if higher) and you meet eligibility requirements of PSP.
(e) PLEASE PAY ATTENTION that information you provide ASKfm to proceed payment of coverage needs to exactly match to your PSP account information. You understand and acknowledge that it is your sole responsibility to ensure that you provide your PSP account information correctly. You are responsible for any losses caused by incorrect PSP account information provided by you. ASKfm reserves right to refuse or to terminate the Deduction in its sole discretion if ASKfm has any reasons to believe that the information you provide ASKfm to proceed payment is incorrected or false, or such Deduction seems ASKfm suspicion for any other reason.
(f) ASKfm reserves the right to request information to get personified the user requesting the Deduction including your first and last name, state ID number, photocopy of your state ID card or passport, or other proof as we may require according to applicable law and eligibility qualifications to our satisfaction.
(g) You understand and acknowledge that PSP determines in its sole discretion the payment processing terms. Although ASKfm aim to fulfil all Deductions requests in a timely manner, we do not guarantee fulfilment within a specific period of time and we will not be liable to you or any third party for any failure to fulfil a deductions request within such time. PSP may refuse to provide payment services in its sole discretion. ASKfm is not and will not be responsible for failure to make Deduction due to refusal of PSP.
(h) PAY ATTENTION that the amount of compensation for the deducted coins may be subject to taxation according to applicable legislation. Please consult with your tax lawyer if required before making any deduction. If you are subject to any taxes imposed by any jurisdiction on the amount of coverage, you will be responsible for the payment of such taxes (including any related penalties or interest) to the relevant tax authority. We reserve the right to deduct any applicable taxes prior to making such payment if we determine that we are required to do so according to applicable law. We also reserve the right to request certifications from you in relation to taxes and to report to tax authorities amounts paid and/or withheld from payments to you.
(i) Unless otherwise provided by ASKfm any commissions or payments for the transfer of compensation will be deducted from such compensation.
(j) DEDUCTION IS ASKFM’S GOOD FAITH BUT NOT AN OBLIGATION. You acknowledge and agree that ASKfm has sole authority to manage, regulate, control, modify and/or cancel such deduction in its sole discretion, in any general or specific case, and that ASKfm. ASKfm reserve the right to cancel the Deduction opportunity at any time. Accordingly, upon cancellation of Deduction opportunity you shall have no right or entitlement to any financial compensation in respect of any Ask coins accrued prior to the date of cancellation of the Deduction opportunity that has not been deducted using the mechanism set out in these TOU.
(k) You may cancel your account at any time as well as ASKfm may terminate your account in accordance with with this TOU. In case of termination of the account all Ask coins will be forfeited immediately upon the cancellation or termination of your account. Refunds for any unused Ask coins acquired before your account was closed whether such closure was voluntary or involuntary as well as before cancellation of the Deduction opportunity will not be provided. Upgrades or updates of the Ask coins Deduction may be made available from time to time.
We may, at any time and for any reason make changes to these TOU. We may do this for a variety of reasons, including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of the TOU will be posted on the Services, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Services or via email. If you continue to use the Services after the changes become effective, then you shall be deemed to have accepted those changes. If you don’t agree to these changes, you must end your relationship with us (without penalty) by ceasing to use the Services and leaving the Services. Additionally, if we update or upgrade the Services, you may be required to accept the most recent version of the TOU to access the updated or upgraded Services.
8. How can I or ASKfm deactivate or terminate my account?
(a) How do I deactivate my account?
If you are a registered user of the Services, you can deactivate your membership at any time by going to the Settings control when you are logged in and choosing the “deactivate profile” link. By deactivating your account, it will no longer be visible to other users of the Services, but we will save your profile information in case you change your mind later and want to reactivate your account. Many members deactivate their accounts for temporary reasons and in doing so expect us to maintain their information until they return to the Services. You should, therefore, be able to restore your account and the whole of your profile within 12 months of deactivating it, but we cannot guarantee that this will always be the case.
(b) How do I actually terminate my account, not just deactivate it?
Should you choose to leave the Services, rather than deactivate your account, you may do so by selecting the “I want to leave ASKfm” tab on the Contact Us page. Once received, we will process your request to leave as soon as practicable. Once processed, your profile data will be removed from the Services and your questions to friends will be converted to anonymous questions (in other words, questions you have asked will remain visible but will appear to be from an anonymous user). You will be able to reactivate your account by logging back in for a period of 30 days after your request to leave the Services is processed. At the end of that period, your account will be deleted and all “likes” which you have added to questions will be removed. We will delete your data as soon as reasonably practicable, but in certain cases, limited types of data, including log files and backups, may take up to 90 days to be fully deleted.
Warning: After you have deactivated your account or left the Services, questions may still appear on the Services, but will be anonymized and no longer associated with you directly (in other words, a question you asked on your friend’s profile will still be visible, but will not include your username). Please note also that even after you remove information from your profile or deactivate your account, copies of such content may still be visible and/or accessed on the Internet to the extent such information has been previously shared with others, or to the extent such information has been shared with, indexed by or cached by search engines. Similarly, if you have given third-party applications or websites (e.g., social networks) access to your personal information, they may keep that information. We cannot control this, nor do we accept any responsibility or liability for this.
(c) Can you suspend or terminate my account if you want to?
Yes, we can. We may suspend or terminate a user’s access to the Services or a member’s account for any reason, including if we believe a user has violated these TOU. We also reserve the right to at any time block users from accessing and using the Services by using IP blockers or other technological solutions we deem appropriate. If we have grounds to terminate your access to the Services due to a violation of these TOU (including your breach of the Rules of Conduct), we reserve the right to terminate your access to the Services without notice. Otherwise, we will provide you with reasonable notice, if your access to the Services and/or your profile is going to be suspended or terminated.
(d) What are the effects of termination?
Upon termination or expiration of your rights to use the Services or any portion thereof, you authorize us to delete any files, programs, data and messages associated with your account for the Services, or applicable portion thereof, without notice to you.
9. What’s the important legal stuff I need to know?
9A. We give you a limited licence to use the Services
We grant you a personal, limited, revocable, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these TOU. You shall not use the Services for any illegal purpose or in any manner inconsistent with the provisions of these TOU. You may use the information made available through the Services solely for your personal, non-commercial use. You may also download material displayed on the Services for personal, non-commercial use only, provided that you also retain all copyright and other proprietary notices contained on or in the materials. Except as expressly granted herein, you may not distribute, modify, transmit, reuse, re-post, or use the content or the Services for any purpose without our permission. Any violation by you of the license provisions contained in this Section 4C may result in the immediate termination of your right to use the Services as well as potential liability for copyright infringement depending on the circumstances.
9B. We make changes to the Services or update it if we choose to
We reserve the right to change or discontinue any aspect of the Services or all the Services at any time without notice to you. Upgrades or updates of the Services may be made available from time to time. We do this to improve the quality of the Services that we provide to you and other users. The software or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings or computer software does not permit transmission or use of upgrades or updates, you agree that we or the applicable software application store may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time to time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the TOU shall be considered part of the Services.
9C. What if I participate in Surveys or Features/Product Testing
From time to time, ASKfm may offer you the opportunity to participate in a user survey or feature/product test (“Evaluation”). If you agree to participate in an Evaluation, you agree that ASKfm may collect your ideas, feedback, answers, suggestions, comments, designs and other materials in any medium (collectively “Materials”). You further agree that ASKfm owns the Materials in perpetuity and exclusively throughout the world, and you assign to ASKfm all rights you have or may have in the Materials as well as any ideas or information the Materials may generate in the future. You represent and warrant that ASKfm’s ownership and use of the Materials do not and will not violate the rights of any third party or any applicable laws. You unconditionally waive in favor of us all moral rights in respect of the Materials.
9D. Intellectual Property Rights
(a) The Services are proprietary and are protected by copyright laws, international treaty provisions, trademarks, service marks, and other intellectual property laws and treaties. The Services are also protected as a collective work or compilation under copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws as well as any additional copyright notices or restrictions contained in the Services. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by ASKfm and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of ASKfm and such others. You agree to protect the proprietary rights of ASKfm and all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by ASKfm or its suppliers and licensors of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Services. ASKfm neither warrants nor represents that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with ASKfm. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright, trademark, or other contractual, statutory, or common law rights by following the instructions contained below. All present and future rights in and to trade secrets, patents, designs, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Services shall, as between you and ASKfm, at all times be and remain the sole and exclusive property of ASKfm.
(b) The trademarks, logos, taglines and service marks (collectively, the “Trademarks”) displayed on the Services are registered and unregistered Trademarks of ASKfm and others. Nothing contained in the Services should be read as granting any Trademark without the written permission of ASKfm or such third party that may own the Trademarks. Other than as provided in the TOU, in particular, this section, your use of the Trademarks or any other ASKfm content is strictly prohibited. You are also advised that ASKfm will enforce its intellectual property rights to the fullest extent of the law.
9E. How do you handle Copyright Claims?
It is our policy to respond to clear notices of alleged copyright or other IP rights infringement, and in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of ASKfm and/or others.
(a) Notice for Claims of Intellectual Property Violations and Agent for Notice.
This process is for copyright and intellectual property matters only and is designed to make submitting notices of alleged infringement to ASKfm as straightforward as possible, while also providing ASKfm with the necessary information for notice verification. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide ASKfm’s Copyright Agent with a written communication containing the following information in English (your “Notice”):
Note: If you are asserting infringement of an intellectual property right other than copyright, you should specify the intellectual property right at issue.
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other exclusive right that is allegedly infringed;
2. A detailed description sufficient to identify the copyrighted work or other intellectual property that you claim has been infringed, or if multiple works have been infringed, a representative list of such works on the ASKfm site;
3. A description of the material that you claim is infringing and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate this material on the ASKfm site (as part of this information, you must provide us with the specific URL where the material is located);
4. Information sufficient for ASKfm to contact you, including your username (if applicable), address, telephone number, and/or email address;
5. A statement by you that you have a good-faith belief that the disputed use of the material is not authorized by the copyright or intellectual property owner, its agents, or the law;
6. A statement by you, made under penalty of perjury (if you are located in the US) or made truthfully (if you are located elsewhere) that the information in this notice is accurate and that you are the copyright or intellectual property owner for the material or that you are authorized to act on the copyright or intellectual property owner’s behalf.
(b) What happens to my copyright claim notice?
In some circumstances, in order to notify the subscriber, account holder or host who provided the allegedly infringing content to which ASKfm has disabled access (or intends to disable access), ASKfm may forward a copy of your notification including your name and contact information to the subscriber or account holder. The individual may choose to file a counter-notification explaining why the content does not infringe an IP right following receipt of our notice. We may also, in our sole discretion, post a notice or a copy of your complaint on our site. By providing us with a complaint, you are consenting to your complaint being forwarded to the subscriber, account holder or host who provided the allegedly infringing content, and/or to our posting a notice or copy of your complaint on our site.
(c) What if I change my mind or make a false copyright claim?
After submitting a copyright or other IP right, infringement notification, you may realize that you misidentified content or you might otherwise change your mind. ASKfm will honour retractions of copyright or other IP claims from the party who originally submitted them. It is important that you do not make false claims. Submitting a claim of copyright or other IP right infringement is a serious matter with legal consequences. Before you report a claim of copyright or other IP right infringement to us, you may wish to reach out to the individual posting the content. You may be able to resolve the issue simply by bringing it to their attention without contacting us at all. If you are unsure whether the content you are reporting is infringing your legal rights, you may wish to seek legal guidance. Keep in mind that submitting intentionally misleading reports of infringement may be punishable under the Digital Millennium Copyright Act (DMCA) in the United States or similar laws in other countries.
(d) Who is the ASKfm copyright agent for DMCA purposes?
For the purpose of the DMCA, ASKfm’s Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Edison Legal Ltd
62 Mountcastle Wynd
10. What about legal disclaimers, indemnities and liability?
10A. ASKfm’s warranty disclaimer:
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ASKFM, AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, AND LICENSORS (“ASKFM PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ASKFM PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT WE HAVE THE NECESSARY SKILL TO RENDER THE SERVICES OR THAT THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THE ASKFM PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, AND THE ASKFM PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES.
10B. Important information about the limits of ASKfm’s liability to you
Some countries and jurisdictions do not allow the limitation or exclusion of consequential, direct, indirect, or other damages in contracts with consumers and to the extent you are a consumer the limitations or exclusions in this section may not apply to you.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE ASKFM PARTIES ARE NOT PUBLISHERS OF USER SUBMISSIONS OR LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ASKFM PARTIES DISCLAIM ALL LIABILITY FOR USER SUBMISSIONS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT CONTENT YOU PUBLISH AND / OR TRANSMIT ON OR THROUGH THE SERVICES TO OTHER USERS OR ENTITIES MAY BE COPIED, RE-USED, OR FURTHER DISCLOSED BY SUCH OTHER USERS OR ENTITIES OUTSIDE OF THE ASKFM PARTIES’ CONTROL AND THAT THE ASKFM PARTIES ARE NOT LIABLE TO YOU FOR ANY SUCH USE OF CONTENT BY OTHERS.
10C. You indemnify ASKfm for its losses
You agree to indemnify, defend, and hold the ASKfm Parties harmless from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with, (i) your access to and use of ASKfm; (ii) your breach of the TOU, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; or (iii) any products or services purchased or obtained by you in connection with the Services. ASKfm retains the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defence and control of any matter, for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
11. Is ASKfm liable if I use another third-party site or service?
Information provided by our users through the Services may contain links to third-party websites, mobile apps or other services that are not owned or controlled by us. We have no control over and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly acknowledge and agree that the ASKfm Parties shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
12. What are the other important legal points I need to know?
12A. What country’s law governs our relationship?
You agree that: (i) the Services shall be provided from Ireland; (ii) the laws of Ireland apply to these TOU, including any contractual or non-contractual matter or dispute arising out of or in connection with these TOU, your access to and use of the Services, and the relationship between us and you; and (iii) the courts of Ireland have exclusive jurisdiction in connection with these TOU and all such matters and disputes arising out of or connected to the Services. Notwithstanding the foregoing, you agree that we may seek interim, preliminary or protective relief before the competent courts of any jurisdiction.
12B. What about Data Charges, if I use my mobile device?
By using the Services, including certain features such as invite-a-friend, on your mobile phone (and/or any other device) you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be responsible for any such costs.
12C. Entire Agreement and Waiver.
12D. No Third Party Rights.
Nothing in these TOU shall confer or purport to confer any rights on any other third party.
12E. Restrictions on Assignment.
You will not transfer any of your rights or obligations under these TOU to anyone else without our written consent. All of our rights and obligations under the TOU are freely assignable by us in connection with a merger, acquisition, consolidation, reorganization, sale of assets, by operation of law or otherwise.
12F. Linking and Framing.
You may not frame the Services. You may link to the Services, provided that you acknowledge and agree that you will not link the Services to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Services effective immediately.
13. How can I contact ASKfm if I have a question or need help?
If you have any questions about these TOU, you can contact us by clicking here or by writing us at the following address:
Ask.fm Europe Limited
6th Floor, South Bank House, Barrow Street,
Dublin 4, Ireland