Welcome to Ask wikki!
Ask wikki is an online platform dedicated to home renovation and design. We bring together homeowners, home professionals, and design enthusiasts. Through Ask wikki, people can find or offer design ideas, advice, products and services related to home renovation and design.
if you create an account on the Ask wikki Platform, then this Agreement is also between you and Ask wikki Shop LLC. Ask wikki Inc., are collectively referred to as "Ask wikki," "we," or "us" in this Agreement.
These Terms provide important information to you, including your agreement under Section 8 to resolve any disputes by individual arbitration and to waive the right to participate in any kind of class action, unless you choose to opt-out as described in Section 8 below. The Terms also cover your agreement to grant us rights to your content, our limitation of liability to you and, if you choose to provide us with your phone number, your agreement to receive calls and text messages from us in accordance with applicable law. By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or any type of representative actions.
We encourage you to review this Agreement carefully. By accessing or using the Ask wikki Platform in any way, including browsing www.askwikki.in or www.askwikki.com, you are agreeing to these Terms in their entirety. If you do not agree to any of the Terms, you may not use the Ask wikki Platform.
1. Using the Ask wikki Platform.
a. Who can use it. You must be at least the age of majority in the state where you live to use the Ask wikki Platform. Use of the Ask wikki Platform by anyone under 16 years of age is strictly prohibited!
d. Profile for Professionals. If you are a professional services provider, you may set up a Professional Profile. If you do, you give us the right to list your Professional Profile in our directory of service providers, and you will be able to connect with others on the Ask wikki Platform while identified by your professional profile. Your professional profile is subject to our Ask wikki Pro Services Terms and Conditions.
e. Acceptable Use Policy. When using the Ask wikki Platform, you agree to abide by common standards of etiquette and act in accordance with the law, as described further in our Acceptable Use Policy.
f. Prohibited Products Policy. If you are a professional, vendor, or seller, who is authorized to offer products through the Ask wikki, you agree to abide by the Prohibited Products Policy.
g. Termination. You may close your account at any time by going to account settings and deactivating your account. We may permanently or temporarily suspend your use of the Ask wikki Platform at any time for any reason, without any notice or liability to you. We may terminate your account at any time for any or no reason, including if you violate any Ask wikki policy (including the Acceptable Use Policy or Prohibited Products Policy). Upon termination of your use of the Ask wikki Platform, certain provisions will survive termination, as detailed in Section 10(m).
h. Feedback. We welcome your feedback and suggestions about how to improve the Ask wikki Platform. Feel free to submit feedback. By submitting feedback in this or in any other manner to us, you grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you, as further described in Section 2(b) below.
2. Your Content.
a. Definition of Your Content. The Ask wikki Platform enables you to post materials, including without limitation photos, profile pictures, messages, comments, proposals, invoices, to-do lists, schedules, change orders, time and expense tracking, Room Boards and tear sheets. You may also post reviews of third-party service providers, third-party products, or third-party services. All materials that you post on the Ask wikki Platform will be referred to collectively as "Your Content."
b. License and Permission to Use Your Content. You hereby grant to us and our affiliates, licensees and sublicensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute Your Content, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in Your Content. Such permission will be perpetual and may not be revoked for any reason, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in Your Content. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates, licensees and sublicensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world, and such permission will be perpetual and cannot be revoked for any reason, except as required by applicable law. You further agree that we may use Your Content in any manner that we deem appropriate or necessary.
c. Ownership. We acknowledge and agree that you, or your licensors, as applicable, retain ownership of any and all copyrights in Your Content, subject to the non-exclusive rights granted to us in the paragraph above, and that no ownership of such copyrights is transferred to us under this Agreement. Further, with respect to Your Content in the form of photos, and subject to Ask wikki product and user experience considerations: (a) we will use commercially reasonable efforts to maintain the attribution of such photos as submitted by you, and (b) we will not license or sublicense to third parties individual photos or collections of photos, except in each case for Ask wikki Business Purposes. "Ask wikki Business Purposes" means any use in connection with a Ask wikki-branded or co-branded website, application, publication or service, or any use which advertises, markets or promotes the Ask wikki Platform, the services or the information it contains, Ask wikki, or its affiliates. Ask wikki Business Purpose specifically includes the use of Your Content on the Ask wikki Platform in connection with features and functions offered by Ask wikki to our users that enable them to view and interact with Your Content (such as Sketch, View in My Room and the embed tool).
d. Your Responsibilities for Your Content. By posting, uploading, or submitting Your Content on the Ask wikki Platform, you represent and warrant to us that you have the ownership rights, or you have obtained all necessary licenses or permissions from any relevant parties, to use Your Content in this manner. This includes obtaining the right to grant us the rights to use Your Content in accordance with this Agreement. You are in the best position to judge whether Your Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with Your Content. You are responsible for ensuring that Your Content does not violate Ask wikki's Acceptable Use Policy, Ask wikki Pro Services Terms and Conditions, Prohibited Products Policy, Copyright and Trademark Policy, or any applicable law or regulation. You agree to pay all royalties, fees, and any other monies owed to any person by reason of Your Content.
e. Limits. We reserve the right to remove Your Content, in whole or part, for any reason (which may include a reported violation of our Acceptable Use Policy, Ask wikki Pro Services Terms and Conditions, Prohibited Products Policy, or Copyright and Trademark Policy). We reserve the right to remove Your Content, in whole or in part, submitted by you for any reason without notice. We do not guarantee that we will publish all of Your Content. If you seek to publish a review, the requirements will be governed by our Review Policy.
3. Our Content and Materials.
a. Definition of Our Content and Materials. All intellectual property in or related to the Ask wikki Platform (specifically including, but not limited to, our software, the Ask wikki marks, the Ask wikki logo, and Ask wikki buttons, badges, and widgets, but excluding Your Content), is the property of Ask wikki Inc., its subsidiaries and affiliates or its licensors ("Our Content and Materials").
c. No Endorsement or Verification. Please note that the Ask wikki Platform enables access to third-party content, products, and services, and it offers interactions with third-parties that we do not control. We assume no responsibility for, nor do we endorse or verify the content, offerings or conduct of third-parties (including but not limited to the products or services offered by third-parties or the descriptions of the products or services offered by third-parties). For example, Ask wikki does not conduct background checks or otherwise vet the professionals listed on the Ask wikki Platform. Participation or availability on the Ask wikki Platform does not amount to endorsement or verification by us. We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on the Ask wikki Platform by anyone.
d. Restrictions. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Content and Materials without our express written permission. Ask wikki's permission to you for your use of the Ask wikki Platform expressly excludes commercial use by you of any information concerning product descriptions or professional listings for the benefit of another merchant. You are expressly prohibited from any use of data mining, robots, or similar data gathering and extraction tools in your use of the Ask wikki Platform. You may view and print a reasonable number of copies of web pages located on the Ask wikki Platform for your own personal use, provided that you retain all proprietary notices contained in the original materials, including attribution to Ask wikki.
e. Ownership. You acknowledge and agree that the Ask wikki Platform and Ask wikki marks will remain the property of Ask wikki. The content, information and services made available on the Ask wikki Platform are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. You acknowledge that you do not acquire any ownership rights by using the Ask wikki Platform.
4. Other Offerings on the Ask wikki Platform.
a. Purchase of Goods through the Ask wikki Shop. Ask wikki Shop LLC and third-party sellers offer home goods, furniture, and other products for sale on the Ask wikki Platform. If you purchase products on the Ask wikki Platform, your purchase is subject to the Ask wikki Shop Terms of Sale. The availability of products sold by third-parties on the Ask wikki Platform does not imply our endorsement or verification of the products or their descriptions.
b. Invoice Payments. If you use the Ask wikki Platform to pay an invoice for goods or services from a professional, you authorize us and our third-party payment processor to charge the method of payment associated with your account. You agree to pay the entire amount that you approve, including any taxes and fees. If such amounts are reversed and deducted from our accounts, you agree to remit the amounts to us and, if you fail to do so, you authorize us and our third-party payment processor to collect the amounts from you, using any legal manner without prejudice to any other right or remedy we may be entitled to under these Terms or by law. If you are involved in a credit card dispute involving a payment made through or in connection with the Ask wikki Platform, such as a chargeback, you agree to provide us and our third-party payment processor with all information relevant to the dispute.
c. Plant and Seed Exchange. You may be offered the ability to exchange plants or seeds with other users in the exchange forums. Seed and plant exchanges are regulated by government laws. By participating in these forums, you agree that you will familiarize yourself with and follow all applicable local and national laws in your country. Additionally, you agree to follow our policy that: 1) you may not charge for seed or plant exchanges, but requiring pre-paid postage is permitted; and 2) you may not use the forum to seek exchange of plants or seeds with someone from another country. We expressly disclaim any liability with respect to plants or seeds offered through exchanges.
d. Embed Tool. If you are a user of the embed tool, which enables you to link to content on the Ask wikki Platform, you understand and agree that we cannot guarantee that the content, which originates from third-parties, is non-infringing or will be free from claims about infringement. Such third-party content may be subject to takedown by us at any time, in accordance with our policies, if we receive a notice of infringement.
e. Third-Party Services. You may be provided the opportunity on the Ask wikki Platform to purchase services that are offered by third parties (collectively "Third-Party Services"), including those offered by professionals registered with Professional Profiles on the Ask wikki Platform. The availability of any Third-Party Services on the Ask wikki Platform does not imply our endorsement of the Third-Party Services.
5. Reporting Violations of Your Intellectual Property Rights, Ask wikki Policies, or Applicable Laws.
We have a special process for reporting violations of your intellectual property rights or other violations of Ask wikki policies or applicable laws. a. Copyright and Trademark Policy. We have adopted and implemented a Copyright and Trademark Policy. For more information, including detailed information about how to submit a request for takedown if you believe content on the Ask wikki Platform infringes your intellectual property rights, please read our Copyright and Trademark Policy. For your convenience, we provide you a Copyright or Trademark Infringement Claim Form, which you should use for fastest processing.
b. Reports of Other Violations. If you believe content on the Ask wikki Platform violates Ask wikki's Acceptable Use Policy, Prohibited Products Policy, or otherwise violates applicable law, you may submit the following Infringement Claim Form (for claims other than copyright or trademark). We have no obligation to delete content that you personally may find objectionable or offensive. We endeavor to respond promptly to requests for content removal, consistent with our policies described above and applicable law.
6. Disclaimers and Limitations of Liability.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF ASK WIKKI ENTITIES TO YOU. THE "ASK WIKKI ENTITIES" MEANS ASK WIKKI INC., ASK WIKKI SHOP LLC, AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:
a. WE ARE PROVIDING YOU THE ASK WIKKI PLATFORM, SERVICES, INFORMATION, PRODUCTS, PRODUCT DESCRIPTIONS, AND THIRD-PARTY CONTENT ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE ASK WIKKI ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
b. THE ASK WIKKI ENTITIES MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (i) CONTENT POSTED BY ANY THIRD-PARTY ON THE ASK WIKKI PLATFORM, (ii) THE PRODUCT DESCRIPTIONS OR PRODUCTS, (iii) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SITE, (iv) PLANTS OR SEEDS FROM THE EXCHANGES, AND (v) THE QUALITY OR CONDUCT OF ANY THIRD-PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SITE.
c. YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, THE ASK WIKKI ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE ASK WIKKI ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF THE ASK WIKKI ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE ASK WIKKI PLATFORM OR PRODUCTS OR (ii) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (A) ONE-HUNDRED DOLLARS (USD$100) OR (B) THE AMOUNTS PAID OR PAYABLE BY YOU TO ASK WIKKI IN CONNECTION WITH THE ASK WIKKI PLATFORM IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM. YOUR USE OF THE ASK WIKKI PLATFORM, PRODUCTS, INFORMATION, OR SERVICES IS AT YOUR SOLE RISK.
You agree to fully indemnify, defend, and hold the Ask wikki Entities and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of any part of this Agreement, including but not limited to the Acceptable Use Policy and Prohibited Products Policy; (b) any allegation that any materials you submit to us or transmit to the Ask wikki Platform infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the Ask wikki Platform or other websites to which the Ask wikki Platform is linked; and/or (d) your negligent or willful misconduct.
If you have a dispute with another user on the Ask wikki Platform or with any third party, you agree that Ask wikki is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Ask wikki, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Ask wikki Platform. As part of this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit this release to only include those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.
You are not required to agree to receive promotional text messages, calls or pre-recorded messages as a condition of using the Ask wikki Platform. By electing to submit your phone number to us and agreeing to these Terms, you agree to receive communications from the Ask wikki Entities, including via text messages, calls, pre-recorded messages, and push notifications, any of which may be generated by automatic telephone dialing systems. These communications include, for example, operational communications concerning your account or use of the Ask wikki Platform, updates concerning new and existing features on the Ask wikki Platform, communications concerning promotions run by us or third parties, and news relating to the Ask wikki Platform and industry developments. Standard text message charges applied by your telephone carrier may apply to text messages we send. If you submit someone else’s phone number or email address to us to receive communications from the Ask wikki Entities, you represent and warrant that each person for whom you provide a phone number or email address has consented to receive communications from Ask wikki. If you wish to stop receiving promotional emails or promotional text messages, we provide the following methods for you to opt-out or unsubscribe: (a) follow the instructions we provide in the email or initial text message for that category of promotional emails or text messages or (b) if you have an account on the Ask wikki Platform, you may opt-out or unsubscribe using your settings.
a. Supplemental Terms for Certain Services. Certain services offered on the Ask wikki Platform may require you to enter into a separate agreement and/or be subject to additional terms. For example: placement of advertisements, participation in brand services, offering products for sale in the Ask wikki Shop, or use of Site Designer each require you to enter into a separate agreement with terms specific to that service. In the event of any conflict between this Agreement and the terms of that separate agreement, the terms of this Agreement will control.
b. Application Provider Terms. If you access the Ask wikki Platform through a Ask wikki application, you acknowledge that this Agreement is between you and Ask wikki only, and not with another application service or application platform provider (such as Apple, Inc. or Google Inc.), which may provide you the application subject to its own terms.
d. Languages. The English version of this Agreement will be the binding version and all communications, notices, arbitrations and other actions and proceedings relating to this Agreement will be made and conducted in English, even if we choose to provide translations of this Agreement into the native languages in certain countries. To the extent allowed by law, any inconsistencies among the different translations will be resolved in favor of the English version.
e. Assignment. No terms of this Agreement, nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with Ask wikki's prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Ask wikki may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion.
f. Waiver. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
g. Headings. Any heading, caption, or section title contained is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
h. Further Assurances. You agree to execute a hard copy of this Agreement and any other documents, and take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement.
i. Entire Agreement and Severability. This Agreement supersedes all prior terms, agreements, discussions and writings regarding the Ask wikki Platform and constitutes the entire agreement between you and us regarding the Ask wikki Platform. If any part of this Agreement is found to be unenforceable, then that part will not affect the enforceability of the remaining parts of the Agreement, which will remain in full force and effect.
j. Survival. The following provisions will survive expiration or termination of this Agreement: Section 2 (Your Content), Section 3(d)(Restrictions) and 3(e)(Ownership), Section 6 (Disclaimers and Limitations of Liability), Section 7 (Indemnification), Section 8 (Dispute Resolution) and Section 10 (Miscellaneous).
k. Contact. Feel free to contact us by visiting https://help.ask wikki.com with any questions about this Agreement.