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Terms of Use

Last update: July 10, 2010 13:40 CET

Object

The use of the website Khayar.com, called "Khayar", is governed by the Terms and Conditions of Use referred to as "Terms of Use" described below. Please read them carefully. By using Khayar, you agree to have read, understood and agreed to be bound by the present Terms of Use. Khayar is operated by SIRTEK eurl referred to as "Sirtek".

Sirtek reserves the right to make changes to these Terms of Use at any time and without notice to users. You accept the obligation to revise these Terms of Use before each use, and by using Khayar, you agree to be bound by the changes.

Furthermore, using the services provided by Khayar or belonging to Sirtek, you and Sirtek are subject to any guidelines or rules applicable to such services which may be posted from time to time on Khayar. All such guidelines and rules are included when referring to Terms of Use.

Description of Service

The term "Services" which means the web pages, data, analysis, screens, reports, documents, photographs, and other information of any kind accessible through Khayar are currently located at various URLs owned and operated by Sirtek, and all updates, improvements and modifications thereto. In addition, the term "Services" includes all correspondence, emails and data sent by the staff and agents of Sirtek.

Once registered on Khayar, you find below some of what you can do:

  • Submit or Save any link from any web page that contains news or videos.
  • Manage your Bookmarks and Bookmark folders.
  • Manage your own pages to read RSS and to set Tag filters.
  • Vote or cancel your vote in favor or against any post or comment added by other Khayar users.
  • Write thoughts (micro blogs) and remove them at any time.
  • Add, edit and remove comments on any post or Poll.
  • Add to or remove from Favorite any post or poll.
  • Vote on Polls posted by The Khayar Team.
  • Report a post as abusing, duplicate or having any problem.
  • Report a thought, comment or user profile as abusing.
  • Add, remove, block, accept or reject users as friends.
  • Monitor your friends' activities.
  • Monitor other users' activities on Khayar by adding them to your Watch List.
  • Filter posts based on criteria of your choice.
  • Manage your personal data and privacy settings.
  • Manage email notifications.
  • Manage your third party logins.
  • Share any post on Facebook, Twitter or send it by email to your friends.
  • Send and receive internal messages with other Khayar users according to their privacy settings.

You understand and agree that the Services include advertisements and links to other sites. You also understand and agree that the Services may include some statements from Sirtek, such as service announcements, administrative messages and various emails, which can contain attachments.

Sirtek may use third party advertisers to serve ads on Khayar. Please take into consideration that these advertisers may use cookies and other technologies to, among other things, determine which advertisements have been transmitted to your browser and which webpages you consulted when these advertisements have been sent.

You understand and agree that Sirtek assumes no liability for performance, the speed of response, removal, delivery problems or any other incident involving the storage of information exchanges between users or personalization settings. Obtaining access to the Services is your responsibility and it may involve costs (of the Internet Service Provider or airtime charges). You are responsible of those costs. In addition, you are responsible and must provide all equipment necessary to access the Services.

Under the law of protecting the privacy of children online, you must be at least fifteen (15) years old to use these Services.

Search Operation

Sirtek is not responsible for the sites displayed in the search results or the sites with links on Khayar, if those sites contain information about identifiable individuals. Sirtek reveals the source of information and displays them in search results. Sirtek has no control over such sites. Users should contact those sites directly to suppress this information.

Sirtek receives sometimes requests from users wishing to eliminate some of the indexed search results. Although Sirtek reserves the right to respond to such requests individually, the general attitude of Sirtek follows these principles:

  • The search results in Khayar are data that have been identified, indexed and compiled through an automated process without prior human verification. Given the enormous volume of information added, deleted and modified regularly on Khayar, Sirtek is unable to filter all what is available to users in its indices. For every website listed in Khayar indices, if (I) a site owner restricts access to its website or (II) a site is removed from the web, then, upon receipt of a request from the site's owner or a third person in the second instance, Sirtek reserves the right to decide case-by-case whether to remove the link to that site from its indices. However, if the site operator takes no preventive measures, the automated system will probably find this site and index it again in a relatively small period of time.
  • Sirtek makes every effort to provide you access to your personal information and correct such data if it is inaccurate or delete them upon your express request, if the law does not necessarily require or if they do not hinder activities of a legitimate business. Sirtek requires each user to identify himself and to designate the information to be verified, corrected or removed before taking charge of this type of demand, and Sirtek reserves the right to decline any request that Sirtek considers not necessary or too repetitive or systematic that requires disproportionate technical efforts, jeopardizing the privacy of others, or particularly inconvenient (including requests for information on a backup). If Sirtek provides you such access and correct the data, it performs this task for free, unless it involves a disproportionate effort. Some services require special procedures in order to access, correct or delete the personal information of the users.
However, it is possible that data which has been indexed is always available on Khayar. Users will have to contact the original website to delete personal data.

To help you understand how best to protect your privacy, here are some recommendations:
When using online services, it is recommended that you do not distribute identifiable personal information, such as your home address, phone number or social security number in your profiles or in discussion groups, blogs or chat rooms.
If you do not want your profile to be indexed by search engines, Sirtek recommends that you make your profile private.

Beneficiaries

You agree that there is, unless otherwise expressly provided in this agreement or an agreement between a Khayar member and Khayar itself, no third party beneficiaries of this agreement.

Non Commercial Use by Members

No organization, company, and / or enterprise is allowed to become a member and use the Services for any purpose whatsoever. Khayar is designed for personal use by individual members and cannot be used by any business whatsoever. The use that is considered illegal and / or unauthorized by Khayar, such as but not limited to, collecting usernames and / or email addresses of members by electronic or other means, for sending unsolicited emails, framing or unauthorized dissemination of a link to Khayar will be carefully studied, and the appropriate judicial proceedings will be started, including but not limited to, criminal, civil and injunctive redress.

Access and Registration Requirements

Some Services in some sections of Khayar require user registration which is possible for anyone with the age requirement to register only once. By registering for these Services, you agree to provide real, accurate, updated and complete personal information as specified in the Registration and Identity pages of Khayar. In addition to other motives of suspension or termination of your use of the Services, if you provide false, inaccurate, incorrect or incomplete information, or if Sirtek has reasonable grounds to assume that the information you have provided is false, inaccurate, incorrect or incomplete, Sirtek has the right to suspend or terminate your access and refuse any or all use of Khayar.

The two ways to register with Khayar are either through traditional registration (with username and password) or via authentication on third party websites. Sirtek reserves the right to add or remove third party authentication sites at any time with or without notice to users.

Required Information

When you register for an account or promotion that requires registration on Khayar, Sirtek asks you for personal information (such as a username, email address and password). Sirtek is authorized to combine the information you provide to your account with information from other services or third parties to give you a more user friendly experience and to improve the quality of Services. For some Services, you can prevent the combination of this information.

Username (and password): When you use the Services, our servers automatically record information that your browser sends whenever you visit Khayar. These servers' reports can include information such as your search, the Internet Protocol address, browser type, browser language, date and time of your request and one or more cookies to identify the browser on which you sign in.

User communications: When you contact or send emails to Khayar, Sirtek may retain those communications to deal with complaints, respond to your requests and improve the Services.

Affiliated websites: Sirtek provides some of its Services in connection with other websites. The personal information you provide to these sites may be sent to Sirtek in order to provide you the corresponding service. Sirtek treats such information in accordance with its policy. The affiliated sites may have different privacy practices and Sirtek encourage you to read their respective Privacy Policies.

Links: Khayar displays links to websites in a way that shows whether such links have been followed. Sirtek uses this information to improve the quality of its search technology, its content and advertisements displayed on Khayar.

Other websites: Sirtek has no control over the sites displayed in search results or on the links provided by its various Services. These sites may place their own cookies or files on your computer, collect data or solicit personal information.

Use of Username and Password

Access to certain Services requires choosing a username and password (unless authenticated on third party sites). In doing so, it is your responsibility to keep your accounts and password confidential and you sign out from your account at the end of each session. When choosing a username, you agree not to (I) select or use a pseudonym for another person with the intent to impersonate that person, (II) use a name protected by rights of another person without authorization, or (III) use a pseudonym that is illegal or offends the sensibilities of others.
You are fully responsible for all activities that occur under your account. You agree to (I) immediately notify Khayar of any unauthorized use of your password or account or any other breach of security, and (II) ensure that you sign out from your account at the end of each session.
Sirtek can not and will not be held responsible for any loss or damage occurring in case of a breach of this clause.

Confidentiality

Your registration data and certain other personal information are subject to the Privacy Policy of Khayar. You understand that by making use of the Services, you consent to the collection and use of this information. It is possible that Sirtek updates this Privacy Policy from time to time. Sirtek encourages you to periodically review the Privacy Policy in order to be up-to-date with its current version.

Sirtek will not sell your personal information to other companies. Sirtek does not advertise by phone or fax. Khayar is a trusted website. Your personal information is stored on servers managed by Sirtek. Safety is in the heart of Sirtek which attaches particular importance to the confidentiality of personal data of its members.

Under the French law No. 78-17 of January 6, 1978, you can have access at any time to your personal information held by Khayar, request changes or deletion. Khayar has been declared to the National Commission for Computing and Liberties (CNIL) under reference 1446689.

Khayar uses your personal information to make you enjoy its features. You may allow or not that your friends have direct access to your profile information (first and last name, email, country of origin, gender, date of birth etc).

In your own interest to expand your network of friends, other members and visitors can have access to your friends list and your profile picture.

Khayar uses an automatic tracking cookie to secure your session with Khayar. Non-registered users can disable cookies by changing the parameters in their browser(s).

Sirtek strives to provide consistent Services that respect your privacy and your personal data. Sirtek does not guarantee that it is perfect or without problems that are not discovered yet. You can report to Khayar about any bug or problem that you may encouter or make suggestions to improve the Services.

Site Content and Responsability

Sirtek is not legally bound to any general obligation to monitor the content that you store on Khayar. Sirtek is not responsible for the content that you post.

According to the rules, Sirtek, in its capacity as host, offers a feature that allows you to report abusive content on condoning crimes against humanity, incitement to racial hatred, child pornography, incitement to violence, violation of human dignity, insults to religions or politicians. Reporting is available on all user managed content. You can also send any kind of complaint to Khayar by email through Contact Us page.

By applying the French law No. 2004-575 of June 21, 2004, Sirtek is obliged to remove any content on Khayar clearly illegal once it knows about it. Sirtek makes available to anyone a link to a contact form on every page footer, allowing it to report any content protected by intellectual property rights. You can report also the content that is protected by intellectual property rights by sending a written letter to Sirtek. Under the terms of Article 6-1-5 of the law of June 21, 2004, notification must include all the following information:

  1. The date of notification.
  2. Identity of the notifier: if it's a physical person: name, date of birth, nationality, residence and occupation. If it's a legal person: its form, name, registered office and the body which legally represents it.
  3. Name and address of the recipient or, if a legal person, its name and its headquarters.
  4. The description of the facts and the exact location (ex. URL).
  5. The reasons why the content should be removed, including the reference of the legal facts and evidence.
  6. Copy of correspondence addressed to the author or publisher of the disputed information or activities requiring the interruption, withdrawal or amendment of or justification for what the author or publisher could not be contacted.

Any incomplete notification indicating an abusive or illegal content can not be considered valid. Moreover, keep in mind that the law punishes by imprisonment for one year and 15,000 € euros fine any person that posts illegal content online and then requests its removal.

Your Responsability

Some sections of Khayar let you view, add, or download data, text, photographs, images, messages or other content. You acknowledge and agree that the posts and any commitment in relation to those posts are under your sole responsibility and not that of Sirtek. Sirtek does not control the posts and does not guarantee their accuracy, integrity or quality.

You are solely responsible for the content stored in your private space and the information that you post under your username on Khayar. You guarantee Sirtek that you have the necessary permissions and rights on the part of those concerned and that you have met all the rights every time you add content to Khayar and also when you share content with other users. Under the law, you agree not to violate intellectual property rights of others, not to add abusive or illegal content, to respect the laws and regulations in effect, not to harm anybody and to respect everybody's privacy, not to undermine public order and morality.

Sirtek forbids you to send illegally by email invitations to people who are not real friends in real life.

Sirtek forbids you to send invitations via Khayar to other members who do not want to be contacted by people they do not know.

Sirtek prohibits any form of SPAM. Khayar is a trusted website. SPAM advertising is strictly prohibited. Sirtek will suspend or delete the account of spammers. The spammer is responsible without any limit of any harm to Sirtek.

You are responsible if you do not respect the national law in effect in your country. You should not have any friend on Khayar as a user who does not respect the law in his own country.

You understand that by using the Services, you may be exposed to posts that are offensive, indecent or reprehensible. Under current legislation, Sirtek can not be held responsible for these posts, including without limitation, any errors, omissions or misleading statements contained in any post whatsoever or any loss or damage suffered following the use or publication of these posts.

If you want to add content to Khayar, Sirtek asks you not to proceed unless you understand that your content will be available publicly. You should not assume that you are anonymous online and can not be identified by your content. You agree that any content you add will be in accordance with the requirements of these Terms of Use.

You agree not to use Khayar to:

  • Publish any post that is unlawful, harmful, threatening, abusive, harassing, ambiguous, vulgar, obscene, defamatory, infringing on the privacy of others, hateful, or racially objectionable or discriminating.
  • Hurt other users or threaten to harm them in any way.
  • Stalk or harass any other person or entity.
  • Impersonate any person or entity, making false statements or distort the nature of your relationship with a person or entity.
  • Create fake search results.
  • Post any unsolicited advertising or unauthorized promotional materials, junk mail, spam, any chain letters, pyramid schemes, or any other form of solicitation, except in areas specifically established for this purpose.
  • Disseminate or transmit any content that violates or infringes the copyrights of a third party, including, without limitation, trademark, trade secret, patent or other proprietary right, for example, but without limitation, using materials protected by copyright without permission or proper attribution, or using trademarks of others without permission or proper attribution, or by using or distributing third party information (protected or not as a trade secret) and thus breach the duty of confidentiality.
  • Disseminate or transmit any worm, virus or any other file, disruptive or destructive code or program.
  • Violate any law (whether it is regional, federal, national or international) deliberately or not.
  • Forge headers or identifiers used to blur the origin of any post.
  • Publish any content that you may not publish by law or because it's being involved in a contractual or fiduciary relationships (including any internal information, proprietary and confidential information learned or disclosed as part of a professional relationship or protected by nondisclosure agreements).
  • Interfere with or disrupt the Services or servers or networks connected to Khayar, or disobey certain requirements, procedures, policies or regulations of networks connected to Khayar.
  • Collect or store personal data of other users.

Exclusion of Warranties - Limitation of Liability

You are solely responsible for the content that you post on Khayar. Sirtek recommends that you use caution and common sense when using Khayar and take all necessary precautions. Thus, Sirtek will not be held responsible for any misuse of this information by a third party, whether personal or otherwise.

Sirtek can not be held liable for the accuracy or inaccuracy of the content that you post. You agree to indemnify Sirtek against any conviction against it because of you, you agree to pay all fines, all interest and all court costs.

Sirtek can not be held liable for piracy, of all or part of Khayar, and damage that hackers may cause to you or to any third party.

Sirtek can not be held responsible for any: failure of Services, delay in execution of activities, change in any content, interruption, suspension or termination of Khayar.

Sirtek does not guarantee that there are no technical problems, bugs, or system issues that prevent the normal functioning of Khayar. Whatever your prejudice is, you agree not to seek damages from Sirtek. If you discover a bug, you can inform Sirtek about it with precise details in order to fix it. If you no longer trust Khayar, you can cancel your free subscription at any time.

You acknowledge and agree that Sirtek and its licensors are not liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, clients, use, data or other intangible losses, even if Sirtek has been advised of the possibility of such damages, resulting from: (I) the use or inability to use the Services (II) the acquisition cost of substitutes and services from property, data, information or services purchased or obtained or messages received or transactions on or through the Services (III) unauthorized access or alteration of your transmissions or data (IV) statements or conduct of others on the Services or (V) any other problem related to the Services. This limitation of liability does not apply in cases of persistent or blatant neglect of Sirtek.

You agree to liberate Sirtek, its parents, subsidiaries, employees, officers and agents from liability for all damages related to the use of Khayar.

Photographs and illustrations on Khayar are not contractual.

Sirtek's responsibility towards you, whatever the basis and form of action is, is at all times limited to the amount you paid to Sirtek.

Sirtek does not guarantee the permanent storage of your content. You need to backup your content elsewhere than on Khayar. Sirtek is not responsible if you lose personal data. In any case, you agree not to claim damages from Sirtek.

You agree to indemnify and not hold Sirtek responsible for any loss, charge, claim or demand, damage or various costs, including, without limitation, reasonable attorneys' fees and other litigation costs, related or resulting from (I) posts or other content sent from your account, (II) your use of the Services or your reliance on these Services, (III) your connection to Khayar, (IV) breach of these Terms of Use or (V) the violation of the rights of others.

Intellectual Property

The logos of Sirtek and Khayar, products, names and trademarks of Services, texts and all other content is the intellectual property and trademarks of Sirtek. Without prior written authorization from Sirtek, you agree not to reproduce, perform, display or use the marks of Sirtek in any manner whatsoever, under penalty of prosecution.

Sirtek forbids you to add and share movies, music, works and any content on Khayar if they violate the regulations on intellectual property rights.

Sirtek has no right of ownership over your content. You remain the owner of your content and copyrights or others associated with it.

Since you share your content with other users, you agree to grant them and their network of friends, free of charge and exclusively for personal purposes, the ability to view, copy and share this content and that, throughout Khayar's lifetime. If you remove your content in your private space, you agree that only your content in your private space will be deleted, and your direct friends can no longer access the shared content.

You grant Sirtek a license to use the intellectual property rights attached to your existing content on Khayar. You authorize Sirtek to reproduce, transform, distort and display your content on Khayar and on all websites and all types of communication media managed by Sirtek.

You agree to respect intellectual property rights of other users. You do not have any ownership rights on the content posted by other members. You agree not to use technics contrary to those provided by the normal functionality of Khayar to access the content of other members.

Privacy Policy

You can read about the Privacy Policy of Khayar by clicking here.

Unsubscription

You can cancel permanently your subscription for free to the Services at any time without a specific reason. To unsubscribe, simply send an email to Khayar through Contact Us page.

Termination and Suspension

You agree that Sirtek has the right to restrict your access to the Services and / or delete, reject or modify any post or content of the Services for any reason whatsoever, including, without limitation, in case lack of use or if Sirtek believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any termination of your access to Khayar can be made without notice, and acknowledge and agree that Sirtek may immediately deactivate or delete your account and all files and information about your account and / or prohibit access to such files or Services on Khayar. In addition, you agree that Sirtek is not liable to you or any third party for the suspension or termination of your access to Khayar even if informed of a request for damages.

Modification of Services or Terms of Use

Sirtek may modify or discontinue the Services from time to time, for any reason whatsoever, with or without notice, including the right to terminate permanently Khayar, without liability to you, any other user or third parties.

Sirtek reserves the right to modify these Terms of Use from time to time, with or without notice. These changes and amendments are effective at the moment they are published on this page. Consequently, you accept the obligation to revise the review date, at the top of this page, and the amendments to these Terms of Use before each use of Khayar. You are deemed to have accepted the amendments by continuing to use Khayar after the date of amendment.

You can not ask Sirtek for damages if the Services and / or these Terms of Use have been changed. You have the right to ask Sirtek to terminate for free your use and your contractual obligation, if you do not agree to accept such changes.

Only the new version will be binding between the parties in any dispute whatever the motive or the date of the event is.

Sirtek reserves the right to subcontract or assign to a third party the rights and obligations under this convention.

Severability, Applicable Law and Jurisdiction

In case of dispute, Sirtek pledges to make every effort to reach an amicable agreement. The invalidity or unenforceability of any provision of these Terms of Use does not imply invalidity or unenforceability of all these Terms of Use.

The agreement that you do with Sirtek is governed by the French law and legislation, being understood that an exception is made for international rules on conflict of laws. Any dispute between you and Sirtek must be resolved before the Paris Tribunal that has jurisdiction to adjudicate commercial cases, and if you are a consumer, before your ordinary court.