Terms of Use

Last updated: March 13, 2013

THIS WEBSITE, askem.com (the "Site"), is owned and operated by askem TLV Ltd. (“askem”, “we”, “us” or “our”). This Site along with a software application for mobile device platforms (the "App"), enables a variety of innovative features for posting questions, getting real time feedback and browsing content features (the Site and App, together with any other products and services provided by askem, are collectively referred to as the "Service"). We are pleased to offer you access to the Service conditioned on your acceptance without modification of the following Terms of Use (the "Terms") and the End User License Agreement made available to you in connection with your download and/or installation of the App (the "EULA"). These Terms also incorporates and include our Privacy Policy available at https://askem.com/privacy.

PLEASE READ THE FOLLOWING TERMS, AS THEY CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND askem. BY ACCESSING OR BROWSING THE SITE, DOWNLOADING OR INSTALLING THE APP OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND THE PRIVACY POLICY WITHOUT MODIFICATION. IF YOU DO NOT AGREE TO THE TERMS, THEN YOU MAY NOT USE THE SERVICE. By using the Site or the Service you signify that you are of legal age to form a binding contract.

Eligibility to Use our Service

You may not use the Site and the Service if (a) you are not of legal age to form a binding contract with askem, or (b) you are a person barred from using the Site or the Service under the laws of the United States or other countries including the country in which you are resident or from which you use the Site and/or the Service. Subject to applicable law, askem may, in its sole discretion, refuse to offer the Site and the Service to any person or entity and change its eligibility criteria at any time.

Registration to the Service

a. If you are using or opening an account on the Service on behalf of a company, entity, or organization (a "Subscribing Organization"), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to the Terms, and you hereby agree to be bound by the Terms on behalf of such Subscribing Organization.

b. You agree that the information you provide to askem on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up–to–date at all times. When you register, you may be asked to create a password. As you will be responsible for all activities that occur under your account, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.

c. Subject to your ongoing compliance with the Terms, including the Privacy Policy, EULA and all applicable restrictions, requirements, and prohibitions, askem grants you permission to access and use the Service as set forth in these Terms, and consistent with the intended features of the Service.

Electronic Communications

When you contact us by sending emails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

User Postings

The Service provides certain features which enable you and other users to submit, post, and share content with other users, which may include without limitation written comments, information, data, text and literary works, photos, software, graphics, in static or interactive feature, video, audio clips, sound recordings or any other content provided or otherwise made available by you or other users through the Service ("User Postings"). The Service further provides for the hosting, sharing, reproduction, distribution, public performance, public display and creation of derivative works of such User Postings. askem does not guarantee that any User Postings will be made available through the Service.

You acknowledge that askem cannot guarantee any anonymity or confidentiality with respect to any User Postings that it is strongly recommended that you carefully choose your User Postings. You further acknowledge that all User Postings are provided for free and are the sole responsibility of the person from whom such User Posting originated. This means that you, and not askem nor any of its affiliates, are entirely responsible for all User Postings that you upload, post, transmit or otherwise make available through the Service. You shall be solely responsible to back up any User Postings before using it by means of the Service.

Inaccurate or Offensive User Postings

You acknowledge that askem does not pre-screen, approve, monitor or control User Postings. You understand that when using the Service, you may be exposed to User Postings from a variety of sources, and that askem does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such User Postings. You may be exposed to User Postings that are inaccurate, offensive, indecent or objectionable. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU MAY HAVE AGAINST askem WITH RESPECT THERETO. ANY USE OR RELIANCE ON ANY CONTENT POSTED THROUGH THE SERVICE OR OBTAINED BY YOU THROUGH THE SERVICE IS AT YOUR OWN RISK.

askem reserves the right, in its sole discretion, to refuse to allow any User Postings on the Service, or to edit or remove any User Postings at any time with or without notice.

User Postings Representations and Warranties

You are solely responsible for your own User Postings and the consequences of posting or publishing them. In connection with User Postings, you affirm, represent, and warrant that: (i) you own or have all necessary rights and permissions to use and authorize askem and users of the Service to use all intellectual property rights in and to any User Postings, and to enable inclusion and use thereof in connection with the Service without requirement to obtain a license from or paying fees or royalties to any third party; (ii) your User Postings and use thereof by means of the Service do not (a) infringe or misappropriate the rights of any third party, including, without limitation, any copyright, trademark, patent, or other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (c) violate any applicable law or regulation;

License Grant to askem

You retain all your ownership rights in original aspects of your User Postings. By submitting User Postings to askem, you hereby grant askem and its affiliates, sublicensees, partners, designees, and other users of the Service a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, host, share, publicly perform, publicly display, edit, delete, modify, reformat, translate and prepare derivative works based upon such User Postings, and/or otherwise exploit your User Postings including your trademarks and logos included therein in connection with the Service and/or askem's (and its successors’) business, including, without limitation, in connection with marketing promoting, and redistributing part or all of the Service (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of so-called "moral rights" or attribution with respect to your User Postings. You further grant each user of the Service a non-exclusive license to access your User Postings through the Service and to use it in accordance with this Agreement.

Prohibited Conduct

By using our Service you undertake not to take any action that; or download, upload, submit, post, or otherwise distribute or facilitate distribution of any User Postings or other content on or through the Service that:

a. is unlawful, threatening, abusive, invasive of any person's privacy, harassing, defamatory, libelous, false, deceptive, fraudulent, misleading, untruthful, tortuous, obscene, violent, offensive, contains sexually explicit materials, or otherwise inappropriate, as askem may determine in its sole discretion;

b. infringes or misappropriates any intellectual property rights or proprietary right of any third party;

c. violates right of publicity, privacy or other right of any person or entity, or any law or contractual obligation.

d. offers or promotes illegal services or activities;

e. contains any harmful or malicious software, spyware or computer codes, files or programs that are designed or intended to damage, disrupt, interfere with, or limit, the proper functionality of any software or hardware, or that enables to obtain unauthorized access to any system, data, password or other information of askem, its users, or any other individual or entity;

f. constitutes unauthorized or unsolicited advertising, "junk" or bulk email;

g. impersonates any individual or entity, including, without limitation, employees or representatives of askem.

Without the prior written permission of askem, you may not display or broadcast the User Postings or any other content provided on the Service on any third party screen, broadcast media, or public display screen or monitor. Whenever you make use of a feature that allows you to provide comments to User Postings, share content, add links, upload content to the Service or to interact or share content with other users, you must comply with the conditions set forth herein and with those published by the websites upon such content is displayed (Facebook, Twitter etc.).

Indemnity

UNDER NO CIRCUMSTANCES WHATSOEVER WILL askem OR ANY OF ITS SUPPLIERS OR AFFILIATES BE LIABLE IN ANY WAY FOR ANY CONTENT AND USER POSTINGS, INCLUDING, WITHOUT LIMITATION, FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY INFRINGEMENT OF THIRD PARTY'S RIGHT, LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE CONTENT AND/OR USER POSTINGS. You shall indemnify, defend, and hold harmless askem and its suppliers and affiliates and their directors, officers, and employees from and against all costs, damages, losses and expenses, including reasonable attorneys’ fees and other legal expenses, arising from a third-party claim due to or arising out of any content you submit, post to or transmit through the Service. askem shall make reasonable efforts to notify you of any such claim made against it.

Changes to the Terms

askem may, in its sole discretion, make changes to these Terms, from time to time with or without notice to you. Each time changes are made to these Terms, a revised version of these Terms, will be posted on this page. You can determine when the Terms were last modified by checking the "Last updated" notice on the top of the Terms. Your continued use of the Service following such changes constitutes your acceptance of any such changes. You can review and are encouraged to check, from time to time, the most current version of these Terms. At all times, the latest version of these Terms shall be binding and prevail over any other version.

Privacy Policy; Consent to Use Data

askem respects the privacy of its registered users and visitors. Any information that you provide to askem through the Service is subject to askem's Privacy Policy which can be found at https://askem.com/privacy and is hereby incorporated by reference. Your use of the Service constitutes your consent to the collection and use of your personal information, as described in the Privacy Policy. YOU AGREE THAT askem MAY COLLECT AND USE PERSONAL INFORMATION AS WELL AS NON-PERSONAL INFORMATION SUBJECT TO THE TERMS OF THE PRIVACY POLICY.

End-User License Agreement

You acknowledge that the App and any other software and related documentation that may be available to download through the Service is the copyrighted work of askem. You agree that the use of the App and any such software is governed by the terms of the EULA which accompanies or is included with the App and/or other software.

Your Friends and Contacts

You acknowledge that Users of the Service may communicate by means of the Service. You may import your personal contacts information including anonymous indications of email addresses of friend lists via social network sites to the Service so that you can connect with your friends that already utilize the Service, and your friends can find you on the Service. You agree that askem may store anonymous information provided during the search of your friends subject to the terms of askem's Privacy Policy. If you choose to refer or invite a friend to the Service, you agree that askem may obtain your friend’s email from your contact list or ask that you provide us with your friend's email address. This information will be used only to send a one-time message to your friend inviting him or her to register with the Service.

Proprietary rights

The Site, the Service and the content therein are proprietary to us and/or our licensors. Any and all intellectual property rights related to the Service and the Site are and shall remain our exclusive property or of our licensors. Nothing in this Site grants any license or right to use any marks displayed on this Site without the written permission of the owner of the mark. Your misuse of the marks displayed on this Site or any other content on this Site is strictly prohibited. This provision shall survive termination and expiration of these Terms and shall remain in full force and effect thereafter. Without derogating from any of the provisions herein, you agree not to decompile, reverse-engineer, copy, transfer, assign, rent, resell, distribute or use the Service (or any part thereof, or any software underlying the Service), other than as expressly authorized by askem.

Suggestions and Feedback

It is understood that you may, at its sole discretion, provide askem with suggestions and/or comments with respect to the Service ("Feedback"). You represent that you are free to do so and that you shall not knowingly provide askem with Feedback that infringes upon third parties' intellectual property rights. You further acknowledge that notwithstanding anything herein to the contrary, any and all rights, including intellectual property rights in such Feedback shall belong exclusively to askem. It is further understood that use of Feedback, if any, may be made by askem at its sole discretion, and that askem in no way shall be obliged to make use of any kind of the Feedback or part thereof.

Compliance with laws

Access or use of the Internet or of certain websites may be prohibited in certain territories and/or certain restrictions may apply to you in such territories. Don’t access this Site if such access is prohibited under law applicable to you. You agree that your use of the Site and Service shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law.

Links to Other Websites

This Site may contain links and references to websites of others. We may, from time to time, at our sole discretion, add or remove links to other websites. These links are provided solely as a convenience to you, and access to any such websites is at your own risk. You are recommended to review the information provided by third parties (such as, but not limited to, the terms of service and privacy policy of the relevant website) before accessing such websites. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such websites. In no event will we be responsible for the information contained in such websites, their practices or for your use of or inability to use such websites, or transmissions received from such sites. You expressly relieve us from any and all liability arising from your use of any third-party website. We encourage you to be aware when you leave the Site, and to read the terms and conditions and privacy policy of such other website/s that you visit.

No Warranty

THE SERVICE AND ANY SOFTWARE PROVIDED BY askem ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, askem DISCLAIMS ALL WARRANTIES; INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE REGARDING THE SERVICE OR ANY CONTENT YOU DOWNLOAD OR USE BY MEANS OF THE SERVICE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE AND ANY CONTENT (INCLUDING USER POSTINGS) MADE AVAILABLE THROUGH OR ON THE SERVICE REMAINS SOLELY WITH YOU. askem DOES NOT WARRANT THAT THE SERVICE, THE APP OR ANY CONTENT OR SERVICES WILL BE DELIVERED OR PERFORMED ERROR-FREE OR WITHOUT INTERRUPTION.

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

Limitation of Liability

IN NO EVENT SHALL askem's LIABILITY UNDER, ARISING OUT OF OR RELATING TO THE SITE, THESE TERMS OR USE OF THE SERVICE OR ARISING FROM ANY CLAIM BY ANY OTHER PARTY EXCEED THE FEES PAID BY YOU FOR THE SERVICE, IF ANY, EVEN IF askem HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN US AND YOU.

WITHOUT DEROGATING FROM ANY OF THE FOREGOING, IN NO EVENT WILL askem BE LIABLE FOR LOST PROFITS, LOSS OF USE, LOSS OF CONTENT OR DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, WHETHER OR NOT askem HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

Termination

You agree that askem, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with askem or use of the Service and remove and discard all or any part of your account or any content uploaded by you, at any time. askem may also in its sole discretion and at any time discontinue providing access to the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service or any account you may have or portion thereof may be affected without prior notice, and you agree that askem will not be liable to you or any third party for any such termination. Without limiting the generality of the foregoing, askem does not permit copyright infringing activities on the Service and reserves the right to terminate access to the Service and remove all content submitted by any persons who are found to be repeat infringers. Any actual or suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies askem may have at law or in equity.

You may terminate your account and your right to use the Service at any time and for any reason or no reason, by contacting askem customer support at support@askem.com, and immediately discontinuing all use of the Service and the App.

Governing Law; Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the state of Israel and only the competent courts in Tel Aviv, Israel shall have jurisdiction over any dispute arising from these Terms. You agree that this Site shall be deemed a passive website that does not give rise to personal jurisdiction over askem, either specific or general, in jurisdictions other than Israel.

Limitation of Claims

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Digital Millennium Copyright Act Compliance

If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Service infringes your copyrights, you may submit a notification pursuant to the US Digital Millennium Copyright Act ("DMCA") by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works at the Service; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit askem to locate the material; (iv) Information reasonably sufficient to permit askem to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The askem Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Copyright Agent by emailing at: dmca@askem.com.

For clarity, only DMCA notices should go to the askem Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to askem customer service through support@askem.com. You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.

General

The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, including by operation of law or otherwise, but may be assigned by askem without restriction. The heading references herein are for convenience only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof. The Terms (including the EULA and Privacy Policy) are the entire agreement between you and askem relating to the subject matter herein. Failure by askem at any time to require performance of any provision of the Terms will in no manner affect our right to enforce the same at a later time. The failure of askem to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any of the provisions of these Terms are held invalid, unenforceable, or void by a court or other tribunal of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Contact Information

The Service hereunder is offered by askem. askem may be contacted by sending a letter to the address set forth above or by email to support@askem.com.