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By using our products, you agree to our Terms of Service. The HelpAsk Network is a set of related Internet sites and other applications for questions and answers (also referred to herein as the “Network”), owned and operated by HelpAsk (“HelpAsk”, “we” or “us”), a Delaware corporation. HelpAsk welcomes you to the Network and invites you to participate in the community by sharing knowledge with your peers and colleagues. Like all communities, we ask that you participate in a manner that respects your fellow community members. To that end, we provide you with these terms of service to advise you of the legal obligations you assume when you engage with the HelpAsk community or otherwise access or use the public Network or any services provided on the public Network (collectively, “Services”). These terms govern the use of the public Network (the “Public Network Terms”). 1. Public Network Terms Please read these Public Network Terms carefully before accessing or using the public Network. These Public Network Terms constitute an agreement between HelpAsk and you and governs your permitted use of the public Network ONLY, including any Services or Products that are part of the public Network. By accessing or using the Services or the public Network in any manner, including without limitation by visiting or browsing the public Network or registering for an account on the Network, you affirm that you have read, understand, and agree to be bound by these Public Network Terms, as well as the Acceptable Use Policy and Privacy Policy. HelpAsk reserves the right, at its discretion, to modify these Public Network Terms at any time by posting revised Public Network Terms on the public Network and by providing notice via e-mail, where possible, or on the public Network. You shall be responsible for reviewing and becoming familiar with any such modifications. Your access to or use of the Services or public Network following such modification constitutes your acceptance of the terms and conditions of these Public Network Terms as modified. To reiterate, and for clarity, these Public Network Terms apply to all who access or use the Services or public Network, including without limitation users who contribute content, information, and other materials or services, registered or otherwise. PLEASE BE AWARE THAT BY USING THE PUBLIC NETWORK, EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE SECTION TITLED “MANDATORY ARBITRATION” BELOW, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. 2. Contracts are Binding and Legally Enforceable -- Please Read! As stated above, these Public Network Terms constitute an agreement between HelpAsk and you and governs your use of the public Network. These Public Network Terms do NOT govern the use of other HelpAsk products and services that are not part of the public Network. In the event of any conflict between the terms and conditions of these Public Network Terms and any such service or licensing agreements, the terms and conditions of the Public Network Terms shall prevail. 3. Age Eligibility You must be at least 13 years old to access or use the Network or Services, including without limitation to complete a HelpAsk account registration. By accessing or using the Services or the Network in any manner, you represent and warrant that you are at least 13 years of age. If you are under 13 years old, you may not, under any circumstances or for any reason, access or use the Services or Network in any manner, and may not provide any personal information to or on the Services or Network (including, for example, a name, address, telephone number or email address). If you are located within the European Union, you must be at least 16 years old to access or use the Network or Services, including without limitation to complete a HelpAsk Account Registration. By accessing or using the Services or the Network in any manner, you represent and warrant that you are at least 16 years of age. If you are under 16 years old, you may not, under any circumstances or for any reason, access or use the Services or Network in any manner, and may not provide any personal information to or on the Services or Network (including, for example, a name, address, telephone number or email address). 4. Access to the Public Network Any user of the public Network is welcome to participate in community discussions, to answer questions, and to share their hard earned knowledge with public Network community participants, provided that they comply with the obligations set forth in these Public Network Terms, and to the extent that use of the public Network does not conflict with the applicable laws, rules and regulations of the user’s jurisdiction. HelpAsk reserves the right to refuse, suspend or terminate your access to the public Network if it determines, in its sole discretion, that you have in any way violated these Public Network Terms or are otherwise ineligible to access or use the Network or Services. If your actions are determined by us to violate these Public Network Terms, HelpAsk may, in its sole discretion, try to remediate that violation by working with you individually, but is under no obligation to do so, and if any such remediation efforts are unsuccessful (in HelpAsk’s sole discretion), then HelpAsk may revoke your rights to the Network. You are solely responsible for ensuring that these Public Network Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access the Network or any Services is revoked where these Public Network Terms or use of the Network or any Services is prohibited or conflicts with any applicable law, rule or regulation. HelpAsk will use reasonable efforts to make the public Network available 24/7/365, but from time-to-time we will have scheduled outages for maintenance purposes and other upkeep. Where feasible, we may, in our sole discretion, make efforts to inform you about any outages and report on the nature and reason for any outages that may occur in an open and transparent manner, though we are under no obligation to do so, and in any case will not be liable for any downtime. 5. User Obligations To access some of the public Network features you will need to register for an account as an individual and consent to these Public Network Terms. If you do not consent to these Public Network Terms, HelpAsk reserves the right to refuse, suspend or terminate your access to the public Network. You are solely responsible for ensuring that your account registration is complete and remains up to date. You have the right to discontinue use of, or terminate, your account whenever you like, and subject to our Privacy Policy, control the use and sharing of your account information. Please note that any content or information you share publicly is governed by the terms described below in the section titled “Content Permissions, Restrictions, and Creative Commons Licensing,” and you should be aware that once you place content in the public sphere, you willingly give up some rights and control over such content. HelpAsk strongly encourages you to review our Privacy Policy, which explains how we will handle, process, and use your personal data, and with whom, and how we will share this data. HelpAsk is a community and we expect you to treat each member of the HelpAsk community with respect. Whether a community member is asking their first question, or is a reputation superstar, we respect you and welcome you, but we also require you to be kind to one another. To prevent bad actors from creating a negative community experience, we have outlined what we believe to be common sense rules for community participation and reserve the right to pause or terminate your account if you engage in disruptive, abusive, or nefarious behavior outside of HelpAsk’s Acceptable Use Policy, which is hereby incorporated into these Public Network Terms. You are solely responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the Network or otherwise use the Services, including without limitation modems, hardware, software, and long distance or local telephone service. You are solely responsible for ensuring that such equipment or ancillary services are compatible with the Services and Network. Some premium or additional features of HelpAsk (including without limitation HelpAsk for Teams) may require a payment obligation for access and use. You are solely responsible for ensuring that your payment obligations, if any, remain current and not in arrears. In the event HelpAsk charges for features you will be clearly notified of the terms of any payment obligations and provided the opportunity to refuse such obligations before you incur any charges. Please note, however, that your refusal to accept payment obligations may result in your inability to access or use certain premium or additional features of HelpAsk. 6. Content Permissions, Restrictions, and Creative Commons Licensing HelpAsk Content All materials displayed or performed on the public Network, including but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations (collectively “Network Content”) (other than Network Content posted by individual “Subscriber Content”) are the property of HelpAsk and/or third parties and are protected by United States and international copyright laws (“HelpAsk Content”). The HelpAsk API shall be used solely pursuant to the terms of the API Terms of Use. All trademarks, service marks, and trade names are proprietary to HelpAsk and/or third parties and use of the Network means you agree to abide by all copyright notices, information, and restrictions contained in any Network Content accessed through the Services. The Network is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international covenants, and other copyright laws. Other than as expressly set forth in these Public Network Terms, you may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit any of the Network Content, software, materials, or Services in whole or in part. You may download or copy the public Network Content, and other items displayed on the public Network for download or personal use provided that you maintain all copyright and other notices contained in such Public Content. From time to time, HelpAsk may make available compilations of all the Subscriber Content on the public Network (the “Creative Commons Data Dump”). The Creative Commons Data Dump is licensed under the CC BY-SA license. By downloading the Creative Commons Data Dump, you agree to be bound by the terms of that license. Any other downloading, copying, or storing of any public Network Content (other than Subscriber Content or content made available via the HelpAsk API) for other than personal, noncommercial use is expressly prohibited without prior written permission from HelpAsk or from the copyright holder identified in the copyright notice per the Creative Commons License. In the event you download software from the public Network (other than Subscriber Content or content made available by the HelpAsk API) the software including any files, images incorporated in or generated by the software, the data accompanying the software (collectively, the “Software”) is licensed to you by HelpAsk or third party licensors for your personal, noncommercial use, and no title to the Software shall transfer to you. HelpAsk or third party licensors retain full and complete title to the Software and all intellectual property
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