Effective 06/01/2009, Last Modified 06/01/2009
This Usage Agreement (this "Agreement") governs your conduct while using various services on this Web site, located at http://www.AskPips.com (the "Site"), operated by AskPips LLC ("AskPips.com" or "AskPips"). This Agreement applies to various services and activities on the Site (the "Service") which are accessible through the Site and those of third parties ("Third Party Sites"). Please read this Policy carefully.
BY ACCESSING, BROWSING AND USING THE SITE AND ANY SERVICE THEREIN, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ITS TERMS. IF YOU DO NOT AGREE TO THIS AGREEMENT OR ANY SUBSEQUENT MODIFICATION THEREOF, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE SITE OR THE SERVICE, INCLUDING THE SUBMISSION OF ANY REVIEWS OR COMMENTS.
Other Applicable Terms
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Site, including the submission of product ratings and reviews and all other data, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments or other materials (collectively, "Content").
AskPips.com, as a provider of interactive services, provides the Service, the Site, and the applications and services therein as a forum only. AskPips.com is not liable for any statements, representations, or Content provided by its users in any public forum on the Site or any Third Party Site, including without limitation in the Service. Any reviews and ratings submitted to the Service, if displayed, are displayed for entertainment and informational purposes only. More generally, Content posted via or on the Site or Third Party Site, including the Service, is not controlled by AskPips.com. AskPips.com cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that may be offensive, indecent or objectionable. Under no circumstances will AskPips.com be liable in any way for any Content, including, but not limited to, for 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 or otherwise transmitted via the Site or Service.
With respect to your conduct on the Site or while using the Service, you agree not to:
- harm minors in any manner;
- attempt to disguise the origin of any Content transmitted to the Service whether through the Site or any Third Party Site;
- act in any manner that negatively affects other users' ability to use the Service;
- impersonate any person or entity, including, without limitation, a Site moderator or a manufacturer or owner of any product, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- interfere with the Site or Services, or servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;
- upload, post or otherwise transmit any Content that:
- with respect the Service, is not relevant to the product, service, person or entity being reviewed;
- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity; or
- is unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
Ownership of Content and Ratings
By transmitting content or ratings (collectively, the "Content") to the Service, you hereby (a) irrevocably assign and transfer to AskPips.com all of your rights, title and interest, on a worldwide basis, including, without limitation, all intellectual property rights and moral rights, in and to such Content; (b) to the extent the preceding assignment and transfer is ineffective, grant AskPips.com an exclusive, irrevocable, royalty-free, perpetual and fully sublicensable and transferable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display such Content throughout the universe in any media, now known or hereafter devised; (c) grant AskPips.com, its affiliates and sublicensees the right to use the name, identifier, or any portion thereof, submitted in connection with such Content, if they so choose; and (d) represent and warrant that (i) such Content is either original to you, or all third party rights have been fully cleared for use as contemplated by this Agreement; (ii) such Content does and will not, in any way, violate or breach any of the terms of this Agreement, and (iii) AskPips.com shall not in any circumstance be required to pay or incur any sums to any person or entity as a result of its use or exploitation of the Content.
Without limiting the foregoing, once the Content is submitted to AskPips.com, AskPips.com may take any or no action with respect to such Content, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post such Content. Further, operator's of Third Party Sites may elect to delete, edit, modify, reject or refuse to post the Content on their sites. AskPips.com may, but is under no obligation to, offer you the opportunity to edit, delete or otherwise modify the Content once the Content has been submitted to AskPips.com. AskPips.com shall have no duty to attribute authorship of the Content to you, and shall not be obligated to enforce any form of attribution by third parties.
Waiver of Moral Rights
If, despite the foregoing assignment and transfer of rights in the Content, it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Reviews by AskPips.com or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Reviews; and (d) you forever release AskPips.com, and its licensees, successors and assigns, from any claims that you could otherwise assert against AskPips.com by virtue of any such moral rights.
System and Network Security and Integrity
You are prohibited from violating the security of any system or network comprising the Site or the Service. Such violations may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of the Site or Service or to breach security or authentication measures.
- Unauthorized monitoring of data or traffic on the Site or Service.
- Interference with the Site or Service including, without limitation, any type of flooding technique or deliberate attempt to overload a system such as denial of service attacks.
- Forging of any packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
- Using manual or electronic means to avoid any use or access limitations placed on this Site or the Service.
INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS THEREOF BY A THIRD PARTY ON BEHALF OF ANY USER, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY SUCH USER.
If you want to report any violations of this Agreement, please email us at [email protected].