Auslogics Ask a Question Service Terms
1. Description of the Service
The Auslogics Ask a Question Service is an online community which enables users to ask questions and share opinions in the form of comments, descriptions, images or files (“Content”). Content includes, but is not limited to text, user comments, messages, information, data, graphics, photographs, and images. You retain ownership of all Content you submit, post, display, or otherwise make available on the Site.
2. Use of the Service
2.1 You may use the Site and the Service only if you can form a binding contract with Auslogics, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
2.2 To be able to post questions to the Site, you must install the Auslogics BoostSpeed 11 software on your computer, register an account under the Customer Care tab, and log in to the Site using your account credentials.
2.3 The only way to post a new question to the Site is via the Customer Care tab in the Auslogics BoostSpeed 11 software. Users of Auslogics BoostSpeed Free can post 1 (one) question to the Site for free, while users of Auslogics BoostSpeed Pro may post up to 3 questions for free. If you violate any of the conditions listed in Section 3 of these Terms, your questions being deleted shall not reset your free question limit or allow you to ask your question again.
2.4 All users of the Service may answer other users’ questions, participate in discussions, and are encouraged to share their own relevant experience to help other users. Such activity does not require access via the BoostSpeed 11 software interface.
2.5 Your access to and use of the Service may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Service or any other reason within or outside the control of Auslogics. Auslogics reserves the right to suspend or discontinue the availability of the Service and/or the Site at any time at its sole discretion and without prior notice. Auslogics may also impose limits on certain features and the Service or restrict your access to parts of or all of the Service and the Site without notice or liability.
3. Conditions for Posting Questions
3.1. You agree to provide the Service with the following information about your computer system: your email address, OS version, OS language, Windows folder location, User folder location, default web browser location, location of the installed Auslogics BoostSpeed software, list of drives with their sizes and the size of free space on them, screen resolution, size of RAM, list of installed software, list of software scheduled to run on system startup, and any other data required to resolve the issue you are reporting in your question. You agree to have all or part of the information you provide posted on the Site and be publicly available.
3.2. You agree to be fully responsible for the Content you post on the Site and for any consequences thereof, including the use of your Content by other users and third party partners. You guarantee that you own the rights required to post the Content to the Site. 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. The Service will not be responsible or liable for any use of your Content by the Service in accordance with these Terms.
3.3 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 personally identifiable 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.
3.4 All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We are in no way obligated to 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 the Service 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.
3.5 You agree that the Service may at its sole discretion post banners, advertisements or other information on the same page with your Content. You may not post or distribute any materials the purpose of which may be advertisement, commercial gain or propaganda, or which may appear to be promotional in nature.
3.6 We may modify or adapt 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.
3.7 We reserve the right at all times (but will not have an obligation) to remove or refuse to publish any Content on the Site and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of the Service, its users and the public. The Service has no obligation to notify you of the reasons for your Content’s being declined or removed.
3.8 We reserve the right to decline or remove Content and discussions that contain inappropriate language or do not contain any meaningful information, such as:
- When your Content is not actually a question that can be answered
- When the answer or comment does not provide any useful information or only contains general phrases like “I don’t know” or “Who cares”.
3.9 We reserve the right to remove or move to the appropriate category any questions asked under an incorrect category.
3.10 You agree to use the Site and the Service at your own risk, without any guarantees of error-free operation given by us. The services provided on the Site are “as is”, and the Service does not guarantee that:
- the Site or any of its features will be free of errors or defects;
- the results you get will be correct or reliable;
- the quality of any product, information or other data received by you from the Site will meet your expectations, or that any software errors you may have experienced will be resolved;
3.11 Since the Site and the software are being constantly developed, improved and updated, the functionality available to you may change without any advance notice.
3.12 The Service 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.
3.13 We reserve the right not to answer questions that are older than 7 days if no answer was found during that time.
3.14 By using the Site, you give your consent to receive information, news and other email communications from the Service related to your use of the Site.
4. User Responsibility
4.1 You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. The Service will not be liable for any loss or damage arising from your failure to comply with this instruction.
4.2 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 these Terms; (iii) use the Service for the purpose of spamming anyone; (iv) access or tamper with non-public areas of the Service, Service's computer systems, or the technical delivery systems of Service's providers; (v) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (vi) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by the Service (and only pursuant to those terms and conditions); (vii) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (viii) interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
5. Third-Party Links Used on the Site
The Site may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Auslogics. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from the Site, you do so at your own risk and you agree that Auslogics will have no liability arising from your use of or access to any third-party website, service, or content.
6. Paid Services
As you use the Site and the Service, we may offer you additional paid services. The details of such services, including service descriptions and prices, are specified on separate webpages within the Site and constitute part of these Terms.
7. Personal Information
This Agreement does not transfer from the Service to you any of Auslogics’ or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Auslogics. Auslogics Ask a Question, qa.auslogics.com, the Auslogics or the Ask a Question logos, and all other trademarks, service marks, graphics and logos used in connection with the Service or the Site are trademarks or registered trademarks of Auslogics or Auslogics’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any Auslogics or third-party trademarks.
You will indemnify and hold Auslogics, its directors, officers, employees, agents, consultants, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your access to the Site, use of the Service, the violation of the Terms, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Auslogics specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUSLOGICS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE SERVICE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
11. General Terms
11.1 These Terms constitute a binding contract between you and the Service. The failure of the Service to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
11.2 We may revise these Terms from time to time. The most current version will always be on this page (or such other page as the Service may indicate). If the revision, in our sole discretion, is material, we will notify you via posting to our website or via an email message to the email address associated with your account. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.
11.3 Any dispute you may have with the Service will be handled and resolved in accordance with international law.
11.4 The Service reserves the right not to enter into correspondence or other contacts with you except for when it is required by these Terms or by applicable international law regulations.