Terms of Service

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, FOR US RESIDENTS TO ARBITRATE ON AN INDIVIDUAL BASIS (UNLESS YOU OPT OUT), AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

GENERAL TERMS

Last Updated:  July 10, 2017

Business Introduction

Askers is a platform created by TheAskers Inc. where users can share questions and answers (collectively, the “Services”), which Services are accessible at applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application”), and information regarding the services is accessible at www.TheAskers.com and (collectively, the “Site”). The users who answer the question may set a price as an answering fee, other users may ask them questions if they are willing to pay the answering fee. The answers are delivered in the form of voice messages, and will be available for purchase for all users. The purchase price for listening to each voice message is currently 33 cents. Out of this 33 cents,10 cents go to the user who asks the question and 10 cents go to the user who answer the question. By utilizing this model, Askers aim to build an sharing economy based on knowledge, opinion, and information.

Key words identification

Answerer: a user who answers questions raised by other users

Listener: a user who listens to the answers to the questions raised by other users

User-Asker: a user who asks other users questions

Use of the Service

By using the Site, Application or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and Askers. Please also read carefully our Privacy Policy.

If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.

Askers reserves the right, at our sole discretion, to modify our Services or to modify these Terms at any time. If we modify these Terms, we will post the modification on our Services. We will also update the “Last Revised” date at the top of these Terms. By continuing to access or use our Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your sole recourse is to stop using and accessing the Services.

If you have any questions for us concerning this Agreement or Askers generally, please contact us at help@TheAskers.com

Eligibility

You represent that you are over the age of eighteen years old. If you are over the Minimum Age, but under the legal age of majority, your parent or legal guardian must consent to this Terms of Service and Privacy Policy, and affirm that they accept this Agreement on behalf of, and bear all legal and financial responsibility and liability for the actions of, any child between the Minimum Age and majority, and expressly ratify and confirm any acts of any such child and all users of the account.

User Content

“Content” means any information, text, voice message, or other materials uploaded, downloaded or appearing on the Service. You retain ownership of all Content you submit, post, display, or otherwise make available on the Service.

Account Registration

In order to access certain features of the Site and Application, and to ask questions or listen to answers, you must register to create an account (“Askers Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.

You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook; each such account, a “Third-Party Account”), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Askers Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Askers through the Site, Services or Application; or (ii) allowing Askers to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Askers and/or grant Askers access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Askers to pay any fees or making Askers subject to any usage limitations imposed by such third-party service providers. By granting Askers access to any Third-Party Accounts, you understand that Askers will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your Askers Account and Askers Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Askers Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Askers’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Askers Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Askers makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Askers is not responsible for any SNS Content.

Your Askers Account and your Askers Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use “strong” passwords (that use a combination of upper and lower case letters, numbers and symbols) with your account. Askers will not be liable for any loss or damage arising from your failure to comply with this instruction.

Your License to Askers

By submitting, posting or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for Askers to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Askers or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Service.

We may modify, adapt, or create derivative works from your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

We are in control of the platform’s content. Users may ask us to delete or edit information and we will discuss in good faith, but ultimately it is Askers’ decision.
We are in control of the free listening period for all clients except for those who have signed special agreements with us.
Currently all Q/A exchanges and public profile information is shareable by all users on platform. We also reserve the rights to share any of this information on social media except for those who have signed special agreements with us.
We reserve the rights to block and delete any information and account without notice due to any spam or abusive language. We will act on any objectionable content reports within 24 hours by removing the content and ejecting the user who provided the offending content.
Additionally, by uploading content to the site, you warrant, represent and agree that you have the right to grant Askers the license described above. You also represent, warrant and agree that you have not and will not contribute any Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless the trade secret belongs to you or you have the owner’s permission to disclose it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (f) contains other people’s private or personal information without their express authorization and permission, and/or (g) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. Askers reserves the right in its discretion to remove any Content from the Site, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law.

Askers’ Licenses to You

Askers gives you a personal, worldwide, royalty-free, revocable, non-assignable and non-exclusive license to use the Service as it is provided to you by Askers.

Your Content will be visible by other users of the Service and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Service. Any use of or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will Askers be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service or broadcast elsewhere.

You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third party partners. You understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability. Askers will not be responsible or liable for any use of your Content by Askers in accordance with these Terms.

Rules

You must not do any of the following while accessing or using the Service: (i) use the Service for any unlawful purposes or for promotion of illegal activities; (ii) upload or post any Content (as defined above) in violation of the provisions contained in the “Your License to Askers” section of these terms; (iii) use the Service for the purpose of spamming anyone; (iv) access or tamper with non-public areas of the Service, or the technical delivery systems of Askers’ providers; (v) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures.

Proprietary Rights

All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of Askers and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly provided herein, nothing in the Terms gives you a right to use the Askers name or any of the Askers trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

The Service may include advertisements, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising by Askers on the Service are subject to change. In consideration for Askers granting you access to and use of the Service, you agree that Askers and its third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.

Privacy

Askers values your privacy. Please review our Privacy Policy to learn more about how we collect and use information about you via the Service. By using the Service you consent to the transfer of your information to the United States and/or to other countries for storage, processing and use by Askers in accordance with our Privacy Policy .

No Endorsement

Any references in the Site, Application or Services to a Member being “verified” only indicate that the Member has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Askers about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We are not responsible for any damage or harm resulting from your interactions with other Members.

Financial Terms

“Payment Method” means a payment method that you have added to your Askers Account, such as a credit card for any purchase purpose.

“Payout Method” means a payment method that you have added to your Askers Account, such as ACH bank account for receiving your earnings.

“Transaction fee” means any fee incurred during the payment processing that is not charged by Askers.

User-Asker: If a you submit a question, Askers payments may initiate a authorization to your Payment Method. You will not be charged until the question is asked by the Answerer. The answering fee will be immediately captured after the Answer answers the question. In connection with your purchase, you will be asked to provide customary billing information such as name, billing address and Payment Method information to third-party payment processor(s). You hereby authorize the collection of such amounts by charging the Payment Method provided.

Answerer reserves the right not to answer your questions. Your question will be removed from the Answerers viewing list if not answered within 48 hours since its submission. You may request a refund if the answer is irrelevant to the question you asked. Please email help@TheAskers.com for any refunding issues.

Answerer: You reserve the right to decide whether or not to answer a question. If you do not answer the question within 48 hour since the submission of a question, the question will be automatically removed from your viewing list. In consideration for the use of Askers’s online marketplace and platform, Askers charges Service Fees. Askers Service Fees include: 10% of each answering fee. You may also be charged by an transaction fee by the third party payment processor. The amount of transaction fee varies based on your Payment Method. You hereby accept the fees incurred during each transaction. For details on transaction fees, please refer to our FAQ section or email help@TheAskers.com

User-Askers and Answerers: You grant Askers the rights to collect all your earnings made over the platform on your behalf, then pay them out to you. 

As of July 6, 2017, all payments on Askers are processed as in-app purchases. What was previously “listening credit” in the older versions of the app, are now called “Askers credit.” Askers credit can be used for listening to Q&As and Talks, and asking questions. The Payment processing fee is 30% of the answering and Talks listening price, and the service fee is 10%. Users will be able to withdraw their earnings at any time, provided that their earnings are above $20USD. Users also have the option to convert their earnings to “Askers credit” which can be used for in-app purchases as described above. 
 
If you have any questions or need further assistance please email help@TheAskers.com.
As a strategy to increase the long term earnings for all Answerers and User-Askers, Askers  may offer free listening promotion, during such promotion period, the answers being promoted are free for all Listeners to listen. Neither User-Askers nor Answerers will receive payments for these free listenings. You hereby agree and accept that Asker reserves full rights to utilize such promotion strategy and to choose the specific answers and time period for free listening.

Taxes

Tax regulations may require us to collect appropriate tax information from our users, or to withhold taxes from payouts. For instance, IRS regulations stipulate that we must collect an IRS Form W–9 from certain US users, and an appropriate IRS Form W–8 (e.g. Form W–8BEN) from non-US users. You as a user is solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a user fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payments to you, we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.

Links

The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Askers is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Askers of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Third Party Beneficiaries — Medical and Legal Contributions

All Askers users who provide answers to legal or medical questions are intended third-party beneficiaries (“Legal & Medical Contributors”) of this section of the Terms of Use. The answers on this site are provided by Legal & Medical Contributors for informational purposes only. Askers and Legal & Medical Contributors TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

In no event shall Askers or Legal & Medical Contributors be liable for any damages (including, without limitation, incidental and consequential damages, personal injury / wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Askers or its Legal & Medical Contributors is advised of the possibility of such damages. Neither Askers nor the Legal & Medical Contributors are liable for any personal injury, including death, caused by your use or misuse of the Site or Content.