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Askpedia Terms of Use

Last revised: June 12, 2007

Welcome to Askpedia, an online knowledge sharing community. Askpedia is an online service offered by Askpedia, Inc. (“Askpedia” or the “Service”) that allows you to ask questions and to create financial rewards for the best answers to those questions. You can also post answers, and read answers posted by experts and other Askpedia users.

This page sets forth the terms on which you may use Askpedia (the “Terms of Use” or “Terms”). Askpedia reserves the right to amend these Terms at any time and without notice. If we do, we will post an updated version here.

You accept this Terms of Use and Askpedia’s Privacy Policy by accessing or using Askpedia's services, and your continued use of Askpedia signifies your continued acceptance of any revised Terms of Use. If you do not agree to these Terms of Use, you may not use or access Askpedia.

  1. Registration

    (a) You don't need to register to view Askpedia's questions and answers, but registered users of Askpedia have the ability to post questions, answers, and user ratings, and to receive rewards for a best answer. When you register, you agree that all the information you provide to Askpedia is true and correct to the best of your knowledge. You also agree to update that information in order to maintain its truth, accuracy and completeness.

    (b) You agree to protect your password, and that you are solely responsible and liable for any actions taken with your password. If you suspect someone has taken your password, you are responsible for contacting Askpedia immediately to change it.

    (c) By providing Askpedia your email address you consent to our using the email address to send you Service-related notices, including among other things to notify you of any security breach, in lieu of written communication by postal mail. You may not opt out of Service-related e-mails.

  2. License for Acceptable Use of Service

    (a) Askpedia hereby grants you the right to access and use the Service only for the purposes of sharing information and opinions. Askpedia reserves the rights to suspend or deny, in its sole discretion, your access to all or any portion of the Service for any violation of these Terms of Use. Any rights not expressly granted to you here, including the intellectual property rights associated with the Service, are reserved by Askpedia.

    (b) Though you may post details to advertise yourself in your expert capacity, you agree not to reproduce, transmit, sell or otherwise exploit Askpedia or any of its content for any other commercial purpose.

    (c) You agree not to stalk or harass anyone on Askpedia, or to post messages that contain expressions of hatred, bigotry, racism, or pornography, or to post messages that contain discussions on illegal activities or offensive topics.

    (d) You agree not to upload or transmit any viruses or corrupt files, or any programs designed to interrupt, destroy, or limit any of the services of Askpedia. You agree not to attempt to gain unauthorized access to Askpedia, diminish or impair the quality of its services, or reverse engineer any Askpedia-related software.

    (e) You agree not to use Askpedia to collect personal data about others for commercial use or unlawful purposes.

  3. User Content

    (a) Askpedia allows you to post, transmit, or upload (collectively, “post”) questions and answers to questions, as well as information about yourself and your background (“Content”). You must own or have license to use any Content that you post on Askpedia. You agree not to post Content that violates anyone else's rights of any kind, including intellectual property, privacy, contractual, or any other proprietary rights of anyone else. Askpedia reserves the right to remove any Content which it believes violates anyone's rights.

    (b) You own any Content that you enter or post on Askpedia. By posting Content, you grant to Askpedia an irrevocable, sublicensable, transferable, worldwide, non-exclusive, royalty-free license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform that Content. You also consent to allow other Askpedia users to post or forward any such content to others who may or may not be users of Askpedia.

    (c) Though Askpedia is under no obligation to monitor Content, Askpedia reserves the right to pre-screen, review, filter, refuse or remove any Content that is offensive or objectionable, in Askpedia’s sole judgment, or that violates these Terms. You understand that by using Askpedia you may be exposed to content that you may find offensive or objectionable and that you use the Askpedia at your own risk.

    (d) Askpedia is not responsible and disclaims all liability for the truth, correctness, or completeness of any Askpedia Content. Askpedia does not endorse any of the Content on the Service. Askpedia is not responsible for verifying the professional qualifications or claimed expertise of anyone who contributes Content to Askpedia.

    (e) Askpedia is not responsible for the maintenance or deletion of any Content that you use or post.

  4. Accounts and Rewards

    (a) Every registered user is given an Askpedia rewards account (“Account”), which allows you to post cash rewards for the best answers to your questions (“Question Rewards”), and to collect any Rewards you earn for your answers (“Answer Rewards”). You don’t have to deposit money in your Account in order to use Askpedia, but you may only post Question Rewards up to the amount in your Account. You may deposit money in your Account by credit card or PayPal. The minimum deposit is $10.

    (b) When you post a Question Reward, Askpedia deducts the amount of the Reward from your Account. Askpedia holds the Reward in escrow until you choose the best answer when the question expires, then pays the Reward minus a 15% service fee to the user who supplies that answer. Askpedia will notify you of the deadline by which you must pick the best answer to your question, after which time if you have not chosen one, Askpedia may choose the best answer and process the Reward. Askpedia has final authority over all Rewards.

    (c) If a question with a Reward does not receive any answers, or if all the answers are void because Askpedia terms them spam or offensive, the questioner will receive a full refund of any Reward posted and the question will be removed from Askpedia.

    (d) Askpedia will deposit any Answer Rewards you earn into your Account. You may use Answer Rewards balances to fund your Question Rewards. You may also redeem any Answer Rewards balance of $50 or more via PayPal.

    (e) Askpedia is not responsible for any technical malfunctions or interruptions of the Service. In the event of a site shutdown, Askpedia may but is not required to extend the amount of time to respond to questions or choose a best answer.

  5. Arbitration

    Question owners who have posted Rewards may request Askpedia's arbitration where they are unsatisfied with the answers and do not want to choose a best answer. Askpedia reserves the right to final judgment on any and all best answers and rewards.

  6. Copyright Violation

    If you believe that any Askpedia content infringes your copyrights, please contact us via an email to copyright@askpedia.com with the following information:

    (a) A description of the copyrighted work you allege is being infringed (and registration information if such work is registered with the copyright office);

    (b) The location of the allegedly infringing material on the Service;

    (c) Your address, telephone number, and e-mail address.

    Askpedia reserves the right to block, disable, or otherwise remove any user or Content submission or terminate your access to the service if you engage in intellectual property infringement.

  7. Payments

    (a) Askpedia accepts credit cards and Paypal payments, which are both processed by Paypal. Your use of Paypal is subject to Paypal’s, not Askpedia’s, terms of use. Askpedia is not responsible for Paypal's processing.

    (b) Askpedia uses SSL encryption to store your credit card information and guards this information carefully. However, no encryption system is completely secure. Askpedia disclaims all liability from any theft or misuse of this information.

  8. Ability to Accept Agreement

    If you are under 13 years old you may not use Askpedia. If you are at least 13 but younger than 18, you may not use Askpedia without your parents' permission. By using Askpedia, you affirm that you are either are at least 18 years of age or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, and obligations set forth in this Terms of Use.

  9. Indemnity

    You agree to indemnify and hold Askpedia and its affiliates harmless from any claim or demand, including reasonable attorneys fees, arising out of your use of Askpedia (including posting of Content), your violation of these Terms, or your violation of any third party's rights including intellectual property, proprietary, contractual, or privacy rights.

  10. Disclaimer Of Warranties

    EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. ASKPEDIA HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT; AVAILABILITY OF THE SERVICE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

  11. Assumption Of Risks

    Your interactions with other users are solely between you and such individuals or entities. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Askpedia shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between users of Askpedia, or between users and any third party, you understand and agree that Askpedia is under no obligation to become involved and is not subject to any liability.

  12. Liability Limitation

    TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER ASKPEDIA, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY) OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF ASKPEDIA, OR TO ANY BREACH OF THESE TERMS, EVEN IF ASKPEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT, OR STRICT OR PRODUCT LIABILITY. ASKPEDIA, ITS LICENSORS, AND AFFILIATE SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED, NOT TO EXCEED $1000.00. ASKPEDIA, ITS LICENSORS, AND AFFILIATES ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SERVICE. ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE ON WHICH THE LIABILITY AROSE.

  13. Advertisers and Third Party Links

    Askpedia may contain links to third party websites, including those of advertisers, registered users, and others, that are not under the control of Askpedia. Askpedia is not responsible for any content on any linked website. If you access a third party website from Askpedia, you do so at your own risk, and you understand that these Terms do not apply to your use of such sites. Askpedia provides links only as a convenience and the inclusion of the link does not imply that Askpedia endorses or accepts any responsibility for the content on those third party websites. Additionally, your dealings with or participation in promotions of advertisers found on Askpedia, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Askpedia shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

  14. International Usage

    Askpedia is controlled and operated by Askpedia from its offices within the United States of America. Askpedia makes no representation that it is appropriate or available in locations outside of the United States of America. Those who choose to access Askpedia from other locations do so at their own risk and are responsible for compliance with applicable laws.

  15. Modifications

    Askpedia reserves the right at any time to modify, suspend or discontinue its services. You agree that Askpedia shall not be liable to you or to any third party for any modification, suspension, or discontinuance.

  16. Assignment

    These Terms of Use and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by Askpedia without restriction, including without limitation, in the event that Askpedia, Inc., forms a partnership with, is merged with, is acquired by another company or goes into bankruptcy.

  17. Term and Termination

    Your permission to access Askpedia will immediately terminate if you violate with any of these Terms. You agree that Askpedia, in its sole discretion and with or without notice, may terminate your access to any or all of the Site. Paragraphs 1, 3, 6, and 7-19 shall survive termination of your agreement to these Terms of Use.

    When your account is terminated by Askpedia, you will receive a refund via PayPal of any money that you have personally deposited into your Account. Any money deposited into your Account from an Askpedia promotion or rewards earned from answering questions will not be made available to you.

  18. Severability

    If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

  19. General

    These Terms shall be governed by the laws of the State of California without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms or the Service shall be litigated or otherwise heard in the appropriate forum in Santa Clara County, California. The parties hereto hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the County of Santa Clara, California. Askpedia reserves the right to terminate these Terms between Askpedia and you for any reason or no reason. Askpedia's failure to act with respect to a breach by you or others does not waive Askpedia's right to act with respect to subsequent or similar breaches.