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Terms and Conditions

By clicking on “Submit”, “Download”, “I Accept” or such similar button or link as may be required to execute the Ask Search Assistant or initiate its download, or by using the Ask Search Assistant, you agree with IAC Search & Media Europe Ltd (“Ask.com”, “we” or “us”) to be legally bound by this End User License Agreement (this “Agreement”).

This Agreement will govern your use of the Ask Search Assistant (the “Search Assistant”) including any Ask web search or other services (the “Services”) made available by means of the Search Assistant and the website located at www.ask.com (the “Web Site”). Use of the Services and Web Site is subject to the Ask Terms of Service and Privacy Policy that you can find at http://sp.uk.ask.com/en/docs/about/site_policies.shtml.

After execution, the Search Assistant will change the settings of your Internet browser as follows, depending on which option(s) you choose:

Default Search: If you consent to make Ask.com your default search, your Internet browser default search feature will be set to Ask.com and you will access Ask web search services (i) by entering queries in your browser chrome search box; (ii) by entering queries in your Internet Explorer browser address bar, and (iii) in response to misspelled, incorrectly formatted or unresolved DNS submissions in your Internet Explorer browser address bar.

Default Home Page: If you consent to change your default home page, Ask.com will become your default home page and will appear each time you open your Internet browser.

You can easily undo the effect of the Search Assistant on your Internet browser settings by clicking on the “Start” button, then clicking on the “Settings” button, then clicking on the “Control Panel” button, then clicking on the “Add or Remove Programs” button, then selecting “Ask Search Assistant” and finally clicking on the “Change/Remove” button. Make sure all your browser windows are closed before starting this process.

THIS PRODUCT AND ALL THE FEATURES LISTED ABOVE ARE FREE. NO REGISTRATION IS REQUIRED. THIS PRODUCT IS NOT SPYWARE OR ADWARE.

You must be at least 18 years old in order to agree to this contract and download and execute this product. If you are not yet 18, please ask your parent or legal guardian to download and execute the Search Assistant for you.

1. License Grant

Subject to this Agreement, Ask.com grants you a non-exclusive, limited license, to (a) download and execute the most current generally available version of the Search Assistant, and (b) use the Search Assistant you download and execute solely for your personal, non-commercial purposes. Your use of the Ask Services through the Search Assistant is subject to the Ask Terms of Service and Privacy Policy available here: http://sp.uk.ask.com/en/docs/about/site_policies.shtml.

2. License Conditions

You may not copy, rent, sell, lease, sublicense, distribute or transfer the Search Assistant or this Agreement or use the Search Assistant for the benefit of any third party. In addition, you may not access, create, modify, decompile, disassemble, create derivative works from or otherwise reverse-engineer the source code of the Search Assistant, or attempt to do so, except to the extent expressly permitted or required by law. If you do create any modifications, enhancements or derivative works in breach of the foregoing, they will remain our sole property, and you hereby assign to us any and all rights relating to them and/or agree to perform, at your own expense, all actions we deem necessary to ensure that full title in and to such modifications, enhancements or derivative works is assigned to us.

We reserve the right improve the Search Assistant from time to time by adding features or functions to it.

3. Ownership

You acknowledge that the Search Assistant, including all code, protocols, software and documentation provided in conjunction with the Search Assistant belongs to us or our licensors, and is protected by copyright, trade marks, patents, trade secrets and other intellectual property and proprietary rights including moral or similar rights. All rights not expressly granted under this Agreement are reserved to us and our licensors.

4. Access and Interference

You may not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Search Assistant, Web Site or Services, except to undo the effect of the Search Assistant. You may not violate or attempt to violate the security of the Search Assistant. We reserve the right to investigate and take legal action if we suspect there have been any such violations, and we may involve, and cooperate with, law enforcement authorities in prosecuting any users involved. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other means of directly or indirectly damaging, destroying, disrupting or otherwise impairing a computer’s functionality or operation.

5. Disclaimer of Warranty

Without affecting your statutory rights, you understand and agree that:

(a) Your use of the Search Assistant, Web Sites and Services is at your sole risk. The Search Assistant, Web Site and Services are provided on an “AS IS” and “AS AVAILABLE” basis. To the extent permitted by applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement;

(b) The Search Assistant, Web Site and Services are provided for information only. No content on the Search Assistant, Web Site or Services is intended to constitute professional advice, whether medical, financial, legal or otherwise;

(c) We make no representation or warranty that the Search Assistant, Web Site or Services will meet your requirements, that the operation of the Search Assistant, Web Site or Services will be uninterrupted, secure, or error-free, that the results obtained from the use of the Search Assistant, Web Site or Services will be lawful, accurate, truthful, timely, current, useful or reliable, or that any products, services, information or other material obtained by you through the Search Assistant, Web Site or Services will meet your needs;

(d) You obtain material through the use of Search Assistant, Web Site or Services at your own discretion and risk, and you will be solely responsible for any damage to computer systems or for any loss of data that results from the download or use of any such material; and

(e) No advice or information, whether oral or written, obtained by you from the Search Assistant, Web Site or Services will create any warranty.

6. Termination of Agreement

You may terminate this Agreement at any time by undoing the effect of the Search Assistant on your Internet browser settings as described above and destroying any copies of the Search Assistant in your possession or control.

We may terminate this Agreement at any time, without notice to you, by terminating your access to the Web Site or Services through the Search Assistant if we are required to do so for legal reasons or if we reasonably suspect that you have breached this Agreement, for example by violating any of the restrictions set out in Clause 2 above.

We may also discontinue, disable or alter any aspect or feature of the Search Assistant, Web Site or Services, or restrict the times or amounts of your use of the Services, at any time and without notice to you, if any of these actions becomes necessary due to changes in the law, changes in our business, changes in our contracts with suppliers, development of technology, development of new products or services, changes to existing products or services, changes in corporate strategy, takeover, change in control, or other forms of corporate re-organisation or any matters beyond our reasonable control.

7. Limitation of Liability

Nothing in this Agreement, including the two paragraphs below this one, will limit or exclude our liability for death or personal injury resulting from negligence or any other liability which cannot lawfully be restricted or excluded.

Subject to the paragraph above, you agree that neither Ask.com nor its parents, subsidiaries, affiliates, suppliers, advertisers or partners, nor its or their officers, directors, employees or agents (the “Covered Parties”) will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, including any loss of use, loss of profits, loss of data, loss of goodwill, and costs of procurement of substitute products or services, whether arising under breach of contract, tort (including negligence and strict liability) or otherwise in relation to: (a) your use of, or inability to use, the Search Assistant, Web Site and/or Services; (b) unauthorized access to or alteration of your transmissions or data by third parties or malicious code or programs unrelated to the Search Assistant; (c) any statements or content posted or provided on the Web Site or conduct of a third party on the Web Site; (d) reliance on content on or obtained through the Web Site or Services; or (e) any other matter relating to the Search Assistant, Web Site and/or Services.

Subject to the first paragraph of this Clause 7, the direct liability of Ask.com or any other Covered Party will be limited to £100.00.

8. Export Controls

The Search Assistant and its underlying information and technology may not be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. You may not execute or download the Search Assistant if you are located in, under the control of, or a national or resident of any such country or on any such list, and you agree to comply with all applicable export control laws. Information about these laws is available at http://www.treasury.gov/offices/enforcement/ofac/ and http://www.bis.doc.gov/licensing/exportingbasics.html.

9. General

No Other Agreements Between Us. This Agreement constitutes the entire agreement between you and us governing your use of the Search Assistant and supersedes any prior agreements between you and us relating to such subject matter.

Applicable Law; Jurisdiction. This Agreement will be governed by the laws of England and Wales, and you agree that the English courts will have exclusive jurisdiction over any disputes arising under this Agreement, except that we reserve the right to seek injunctive relief if necessary in the courts of another jurisdiction.

Severability. If any provision of this Agreement is found by a court or other authority to be void or unenforceable, you agree that it may be severed from this Agreement, and that the remaining provisions of this Agreement shall continue in full force and effect.

Limitation Period for Claims; No Waiver. To the extent permitted by law, you agree that we will have no liability for any claim relating to this Agreement that is not filed within one year of the date you became aware or should reasonably have become aware of the cause of action. Our failure to enforce or exercise any provision of this Agreement will not constitute a waiver of our rights or that provision.

Contact Information. If you have any questions or concerns about this Agreement or the Search Assistant, Web Site or Services, you may contact us by using the email facility at http://web.ask.com/desktop/feedback or writing to:

IAC Search & Media Europe Limited Attention: Legal Department Unit 1, College Business & Technology Park Blanchardstown North Road Dublin 15 Ireland

Headings. The section headings in this Agreement are for convenience only and have no legal effect.

© 2009 IAC Search & Media


IAMWIRED.COM WEBSITE TERMS AND CONDITIONS

ATTENTION: This legal notice applies to the entire contents of this website under the domain name , to any associated websites owned or operated by us (“Website”) and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this Website. This notice is issued by Zugo Limited (“Zugo”).

1.    INTRODUCTION

1.1    You may access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.

1.2    By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates.

1.3 Zugo may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.

1.4 Zugo may from time to time offer other services which may be subject to different terms and conditions and which terms will be notified to the user of the relevant service and which will apply to that particular service, failing which the terms of this legal notice will apply.

2.    SERVICE PROVIDED
2.1 The Website is designed to provide its users a directory of information data, making it freely available to search like any other major search engine.

3. ZUGO INTELLECTUAL PROPERTY
3.1 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by Zugo or its licensors.

3.2 No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Zugo’s prior written permission.

3.3    Any rights not expressly granted in these terms are reserved.

4.    SERVICE ACCESS
4.1 While Zugo endeavours to ensure that this Website is normally available 24 hours a day, Zugo shall not in any way be liable if for any reason this Website is unavailable at any time or for any period.

4.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Zugo’s control.

5. INSTALLATION

5.1 The Iamwired.com start page is available to be used freely by anyone. Most commonly our users chose to install/use our pages through our software products or our partners’ software products. This choice is always optional.

5.2 In order for you to use any Iamwired.com start page, some or all of the changes set out below may need to be made to the settings on your PC (and you may have formerly agreed or hereby agree that by we may go ahead and make such changes without further reference to you):

a. If Internet Explorer (“IE”) is installed on your PC we may change the default setting of your home page on IE 6, IE 7 and/or IE 8 to Iamwired.com, IESearch.com or the Ask.com search engine.

b. If Firefox (“FF”) is installed on your PC we may change the default setting of your home page on FF to Iamwired.com, FireSearch.com or the Ask.com search engine;

c. If Safari (“SF”) is installed on your PC we may change the default setting of your home page on SF to Iamwired.com, SafariSearch.net or the Ask.com search engine;

d. If Opera (“OP”) is installed on your PC we may change the default setting of your home page on OP to Iamwired.com, OperaSearch.com or the Ask.com search engine;

5.3. Ask.com are our primary search provider. In addition to our terms and conditions, please review Ask.com’s Terms of Service and Privacy policy. The terms of service for Ask.com (part of IAC Search & Media Europe Ltd) can be found at http://sp.uk.ask.com/en/docs/about/terms_of_service.shtml and the privacy policy for Ask.com (part of IAC Search & Media Europe Ltd) can be found at http://sp.uk.ask.com/en/docs/about/privacy.shtml

5.4. Iamwired.com, Ask.com, Zugo Ltd, IAC Search and Media EU Ltd are not affiliated with or representative of any software provided or supplied by Microsoft Corporation, Mozilla Corporation, Apple Inc, Opera Software ASA or any other organisation unless otherwise specified.

6.    VISITOR MATERIAL AND CONDUCT
6.1    Other than personally identifiable information, which is covered under the Privacy Policy (http://docs.zugo.com/privacy.php), any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. Zugo shall have no obligations with respect to such material. Zugo and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

6.2    You are prohibited from posting or transmitting to or from this Website any material:

(a)    that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;

(b) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or

(c) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

6.3    You may not misuse the Website (including, without limitation, by hacking).

6.4 Zugo shall fully co-operate with any law enforcement authorities or court order requesting or directing Zugo to disclose the identity or locate anyone posting any material in breach of paragraph 5.2 or paragraph 5.3.

7.    LINKS TO AND FROM OTHER WEBSITES
7.1 Links to third party websites on this Website including (without limitation) those relating to third party software are provided solely for your convenience. If you use these links, you leave this Website. Zugo has not reviewed these third party websites and does not control and is not responsible for these websites or their content or availability. Zugo therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

7.2    If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

(a)    you do not remove, distort or otherwise alter the size or appearance of any of our trading names, logos and/or trade marks;

(b)    you do not create a frame or any other browser or border environment around this Website;

(c) you do not in any way imply that Zugo is endorsing any products or services other than its own;

(d) you do not misrepresent your relationship with Zugo nor present any other false information about Zugo;

(e) you do not otherwise use any trade marks displayed on this Website without express written permission from Zugo;

(f)    you do not link from a website that is not owned by you; and

(g)    your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

7.3 Zugo expressly reserves the right to revoke the right granted in paragraph 6.2 for breach of these terms and to take any action it deems appropriate.

7.4 You shall fully indemnify Zugo for any loss or damage suffered by Zugo or any of its group companies for breach of paragraph 6.2.

8.    ACCESS TO THIRD PARTY FILES
8.1 Zugo cannot accept any responsibility and hereby excludes any and all liability relating to or resulting from your use of this Website and/or any software on or through this Website for the purposes of accessing or in any way dealing with third party files data and/or material including (without limitation) such files data and/or material stored in or on the hard drive of other users of this Website and/or any software on this Website which may be proprietary in nature and where its use without the proper permission of the right holder may be illegal.

9.    CHILDREN AND MINORS

Children under 18 years of age must have permission from their parents or legal guardians to use the Website and/or the Software. Parents and legal guardians are put on notice that Zugo has no control whatsoever over the information shared between Users which may include material inappropriate for children (“Content”). Whilst Zugo requests all Users to use the Software and/or the Website responsibly, Zugo is unable to and will not pre-screen/monitor the use of the Website and/or Software. It is the responsibility of parents and guardians of minors to determine the appropriateness or otherwise of the relevant Content to the child.

10.    CONTENT

You acknowledge and agree that Zugo has no control whatsoever over the Content and that it is entirely your responsibility to ensure that your accessing, copying, use and/or dealing in any other way with the Content is legal under any applicable law. You will satisfy yourself of the risks involved and are aware that the Content may contain technically harmful data and/or programmes including without limitation computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) and may, amongst other things, cause harm to your computer, your network and/or any programmes on each.

11.    REGISTRATION

11.1 When/if registration is required, each registration is for a single user only. Zugo does not permit you to share your user name and password with any other person nor with multiple users on a network.

11.2    Responsibility for the security of any passwords issued rests with you.

12.    INFORMATION PROVIDED
12.1 You hereby confirm and agree that any information (“Information”) that you may provide Zugo from time to time whether for the purposes of registration for use of the Website or otherwise will be true, accurate, complete and not in any way misleading and you agree that any such Information will be updated by you promptly as and when necessary to ensure that the Information remains at all times true, accurate, complete and not in any way misleading.

12.2 If for any reason the Information is not true, accurate, complete and/or is misleading or Zugo suspects this to be the case, Zugo hereby reserves the right to suspend, terminate your ability to use the Website, restrict your future ability to access the Website and/or require you, and you agree to immediately comply with any such request, to destroy any copy of the Software which you may have use and/or control of.

13.    DISCLAIMER
13.1 While Zugo endeavours to ensure that the information on this Website is correct, Zugo does not warrant the accuracy and completeness of the material on this Website. Zugo may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and Zugo makes no commitment to update such material.

13.2    You acknowledge and agree that any material obtained through the use of or is in any way facilitated by the use of the Website is at your own risk and you alone shall be responsible for any loss or damage whatsoever that you may suffer from such material.

13.3 Zugo makes no warranty and/or representation that your access to the Website will be uninterrupted, timely, secure or error-free.

14.    LIABILITY
14.1 Zugo, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of Zugo’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude any and all liability and responsibility for any amount or kind of claim, loss or damage that may result to you or a third party in any way in connection with:
(a)    this Website in any way;

(b)    the use, inability to use or the results of use of this Website; or

(c)    any websites linked to this Website or the material on such websites.

14.2 Nothing in this legal notice shall exclude or limit Zugo’s liability for:

(a)    death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or

(b)    fraud; or

(c)    any liability which cannot be excluded or limited under applicable law.

14.3 If, as a result of using this Website or any material on it, you require servicing, repair or correction of equipment, software or data, you agree that you alone will bear any and all costs related to such servicing, repair or correction and that Zugo shall not in any way be responsible to you in this regard.

15.    INDEMNITY
You agree to indemnify and keep Zugo and its subsidiaries, affiliates, officers, employees, agents and other partners harmless from and against all costs, claims, demands, liabilities, expenses, damages or losses (including without limitation consequential losses, loss of profit and loss of reputation, and all interest, penalties and legal and other professional costs and expenses) arising out of or in connection with your negligence, default or breach of these terms and condition, use of this Website and/or the Software including in particular (but without limitation) the misuse or breach of any third party’s intellectual property rights.

16.    DEALINGS WITH THIRD PARTIES
16.1 You acknowledge and agree that Zugo is not in any way responsible for any products and/or services you use and/or purchase from any providers of such products and/or services found on or through the Website.

16.2 Accordingly, any dealings between you and such providers of products and/or services are between you and that provider and do not in any way involve Zugo and/or any party related to or associated with it. Zugo is not therefore responsible for and, to the maximum extent permitted by law, hereby excludes any and all liability relating to or arising from any loss and/or damage that you may suffer as a result of any such dealings.

17. ZUGO TRADE MARK
The following marks belong to Zugo and must not be used in any way without the prior written consent of a duly authorised officer of Zugo:

17.1 “Zugo”

17.2 “Zugo logo”

18.    WAIVER
18.1    The failure by us to exercise or delay in exercising a right or remedy provided to us by this legal notice or by any applicable law does not constitute a waiver by us of our right or remedy or a waiver by us of our other rights or remedies.

18.2    A waiver by us of a breach of any of the terms of this legal notice or of a default by you under this legal notice does not constitute a waiver by us of any other breach or default and shall not affect the other terms of this legal notice.

18.3    A waiver by us of a breach of any of the terms of this legal notice or of a default by you under this legal notice will not prevent us from subsequently requiring you to comply with the waived obligation.

19.    GOVERNING LAW AND JURISDICTION
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.

Issue Date: 12th November 2009

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