KHMER.BE TERMS OF SERVICE

Last Updated on July 24, 2007

Khmer.be Terms of Service

Welcome to Khmer.be, an online community that connects people through networks of friends for communicating, sharing, and making new friends. The Khmer.be service is operated by Khmer.be, Inc. ("we," "us," or "Khmer.be"). By using the Khmer.be website (the "Website") you agree to be bound by these Terms of Service (this "Agreement"). In addition, if you are an individual who wishes to become a Khmer.be Member (a "Member"), communicate with other Members, and make use of the Khmer.be service (the "Service"), you must read this Agreement and indicate your acceptance of its terms by following the instructions on the "Sign Up" page, and checking the box labeled "I agree to Khmer.be's terms of service."

This Agreement sets out the legally binding terms of your use of the Website (whether or not you become a Member) and your membership in the Service, if any, and may be modified by us at any time without prior notice. All such modifications will be effective upon posting on the Website, and any use by you of the Website or the Service (whether or not you are a Member) after the posting of any such modification will constitute your agreement to that modification. The terms of our Privacy Policy, and any notices regarding the Website or the Service sent to you or posted on the Website are incorporated into and made part of this Agreement. Links to copies of each of these policies and notices can be found on the Khmer.be Home Page.

  1. Eligibility. You must be sixteen or over to use the Website, register as a Member, or create a Fan Profile. Use of the Website and membership in the Service are void where prohibited. By agreeing to these terms or by using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
  2. Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the How to cancel Account page. We may terminate your membership for any reason, at any time. Even after membership is terminated, certain sections of this Agreement will remain in effect. See Section 16 below for a list of the provisions of this Agreement that will survive the termination of your membership.
  3. Other Agreements. Please note that, if you sign up for one or more features of the Service that are provided by third parties, such as Khmer.be Blogs or one of the services featured on the Khmer.be Video Tab, such as YouTube or Grouper, then you may be required to agree to terms of service with those third parties as well. Any such terms of service are different from and in addition to this Agreement. You can find a link to the current version of the terms of service for each of our third party service providers website.
  4. Non Commercial Use by Members. The Service and the Website are for the personal use of individual Members only. Unless you have registered a Fan Profile (see Section 9 below), you may not use the Website or the Service in connection with any commercial endeavors without our express written consent in each case. Organizations, companies, and/or businesses (other than Member Entities who have registered Fan Profiles) may not become Members and should not use the Service or the Website for any purpose. No Member may copy, transfer, or use any names, photos, links, text, data, or other content belonging to or posted by Khmer.be or other Members for the purpose of selling, engaging in, marketing, or promoting any other product or service. Illegal and/or unauthorized uses of the Website, including collecting usernames, e-mail addresses, or other personally identifiable information of Members by electronic or other means for the purpose of sending unsolicited e-mail, unauthorized framing of or linking to the Website, or any other use not expressly permitted in this Agreement will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. In addition to the above restrictions, you may not authorize, enable or otherwise grant to any other person, organization, company, or business access to your Khmer.be profile or other content uploaded on the Website for the purpose of extracting such information or other content.
  5. Proprietary Rights in Content.
    1. Rights in Content Posted by Khmer.be or Other Members. We own and retain all proprietary rights in the Website and the Service. The Website contains certain copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information of Khmer.be, our Members, and our licensors. Except for any information which is in the public domain, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary materials or information without our express written consent in each case.
    2. Rights in Content Posted by You. By publishing, displaying, or uploading (collectively, "Posting") any text, links, photos, video, messages, or other data or information (collectively, "Content") on or to the Website (including on or to your profile), you automatically grant, and you represent and warrant that you have the right to grant, to Khmer.be an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing.
  6. Content Posted by You to the Service and the Website.
    1. Profile Information. PLEASE NOTE: The Service includes an option which allows Members (other than Member Entities, as defined in Section 9) to determine who may view their full profile. These levels are: "Private," and "Public." If you are an individual Member, and you choose to allow your Khmer.be profile to be viewed by "Public," you should be aware that anyone who accesses the Website, whether or not they are a Member, will be allowed to view all of the information in your profile. Your public profile will be available to anyone, regardless of the level of access you've chosen for your full Khmer.be profile. WHEN CHOOSING THESE OPTIONS, PLEASE CONSIDER CAREFULLY THE LEVEL OF ACCESS YOU WISH TO ALLOW TO YOUR Khmer.be PROFILE, AS WELL AS WHETHER YOU WANT YOUR FULL NAME TO BE AVAILABLE TO THE GENERAL PUBLIC.
    2. Public Profile Information. Regardless of what personal information a you choose to include in your Khmer.be profile, or what level of sharing of your profile you choose, certain information about every Khmer.be Member will be included in that Member's "public profile." A Member's public profile is an abbreviated version of the Member's regular Khmer.be profile, containing the information listed below, which will be available to any user of the Website, as well as to the general public through, for instance, search engines like Yahoo! or Google. Each individual Member's public profile includes the following information about the Member:
      • Name (your display name)
      • Gender
      • Age
      • Location
      • Hometown
      • "Member Since" date
      • The URL of the Member's Khmer.be profile
    3. Removal of Content. You understand and agree that we may review and delete any Content that you include in your profile, or otherwise Post on any area of the Website (which may include deleting your entire profile) that we, in our sole judgment, believe (1) violates this Agreement, (2) might be offensive or illegal, or (3) might violate the rights of, harm, or threaten the safety of any other Member.
    4. Member Identities and Fan Profiles. Unless you are a Member Entity who has registered a Fan Profile (see Section 9 below), your profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you.
    5. Member Responsibility for Content. You are solely responsible for the Content that you Post on the Website or the Service, or transmit to other Members.
    6. Prohibited Content. Below is a partial list of the kind of Content that is illegal or prohibited on the Website. Posting of any of this Content by you may, in our sole discretion, result in termination of your membership. In addition, we reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from the Website and reporting such violators to the appropriate legal authorities. Prohibited Content includes, but is not limited to, Content which, in our sole judgment:
      • is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
      • harasses or advocates harassment of another person;
      • involves the transmission of "junk mail," "chain letters," "spam," or any other unsolicited mass mailing, e-mailing, or other communication;
      • includes any information that (1) you know is false or misleading, (2) promotes illegal activities or conduct that is abusive, or (3) is threatening, obscene, defamatory, or libelous;
      • constitutes or includes any illegal or unauthorized copy of another person's copyrighted or copyrightable work, including, but not limited to, (1) pirated computer programs or links to them, (2) information which circumvents manufacturer-installed copy-protect devices, (3) pirated music, images, or video, or links to pirated music, image, or video files, or (4) Content which otherwise violates the terms of Section 8 below;
      • displays pornographic or sexually explicit material of any kind;
      • includes material that exploits people under the age of 18 in a sexual or violent manner, or is intended to solicit personal information from anyone under 18;
      • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
      • solicits passwords or personally identifying information for commercial or unlawful purposes from other Members;
      • constitutes or includes any promotion, sales or other commercial activity such as contests, sweepstakes, barter, or advertising, unless you are a Member Entity who has registered a Fan Profile; or
      • solicits people you don't know to add you or accept you as a friend on the Service, unless you are a Member Entity who has registered a Fan Profile.

      Even though all of the above Content is strictly prohibited, there is a small chance that you might become exposed to such items while using the Website or the Service. If so, neither we, nor any of our officers, directors, employees, shareholders, advertisers, or corporate partners will in any way be responsible for any damages (to or from any party) related to any such exposure. Please see Sections 11 and 12 below for further limitations on our liability.

  7. Further Restrictions on Your Use of the Website and the Service.
    1. You must use the Website and the Service in a manner consistent with any and all applicable laws and regulations.
    2. Unless you are a Member Entity who has registered a Fan Profile, you may not include in your Member profile any telephone numbers, street addresses, or e-mail addresses.
    3. Although Khmer.be cannot monitor the conduct of its Members off the Website, it is a violation of this Agreement to use any information obtained from the Service or the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without the prior explicit consent of such Member and Khmer.be. In order to protect our Members from such conduct, we reserve the right to restrict the number of e-mails or other communications which a Member may send to other Members at any time and in our sole discretion.
  8. Copyright Protection Policy. You may not Post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner. If you believe that your work has been copied and Posted on the Website without your permission or in any other way that constitutes copyright infringement, please contact us.
  9. Fan Profiles.
    1. Registering a Fan Profile. If you wish to create a profile on behalf of a public person, group, entity, or organization (a "Fan Profile") or otherwise wish to use the Website or the Service to promote a person, business, product, or service, you must complete the Fan Profile Registration Form, and you or your Fan Profile must be approved by Khmer.be. If your Fan Profile is approved, you will become a "Member Entity" under this Agreement. Until such approval is obtained you may not create a Member profile or use the Service on behalf of any group, entity, or organization or otherwise to promote any person, business, product, or service. Khmer.be reserves the right to deny approval of a Fan Profile at any time and for any reason or for no reason.
    2. Fan Profiles and Use of Service. In completing the Fan Profile Registration Form and submitting it for approval, you agree, on behalf of yourself or your group, entity, or organization (as applicable), to adhere to and be bound by all of the terms of this Agreement applicable to Members in general, as well as the provisions of this Section 9 applicable only to Fan Profiles. Unless otherwise expressly provided herein, any reference to a "Member" or "Members" in this Agreement, shall also be deemed a reference to a Member Entity or Member Entities (as applicable). Notwithstanding Khmer.be's prior approval of any Fan Profile, Khmer.be reserves the right, at any time, in its sole and absolute discretion, and for any reason or no reason, to delete any Content that is included in any Fan Profile (which may include the deletion of the entire Fan Profile) or to revoke such Member Entity's membership. Although the features available on Fan Profiles and elsewhere on the Website and the Service for Member Entities may from time to time include features not available to individual Members, Khmer.be reserves the right, at any time, in its sole and absolute discretion, and for any reason or no reason, to change, add, remove, or selectively allow the use by any Entity Member of any such feature.
    3. Eligible Individuals and Groups. Subject to Khmer.be's absolute right to approve or disapprove any Fan Profile, the following individuals, groups, entities, and organizations may be eligible to create Fan Profiles:
      • Actors
      • Artists
      • Athletes
      • Authors
      • Bands or Musicians
      • Bars or Nightclubs
      • Bloggers
      • Celebrities
      • Churches and other Religious Groups
      • Clubs
      • Comedians
      • DJs
      • Events or Festivals
      • Fashions (e.g., Brands, Retail Outlets, etc.)
      • Films or Videos (including Producers, Production Companies, etc.)
      • For Profit Businesses
      • Journalists
      • Models
      • Non-Profit Organizations
      • Political Organizations
      • Politicians
      • Promoters
      • Publications
      • Restaurants
      • Sports Teams or other Sporting Organizations
      • Travel-Related Entities
      • Websites
      • Widgets (i.e., Programmers, Developers, etc.)

      PLEASE NOTE, however, that the above list is not exhaustive, and Khmer.be may, in its sole and absolute discretion and at any time, require any Member to register a Fan Profile as a condition to such Member's use of the Website or the Service, even though such Member or such Member's entity, group, organization, product, or service is not expressly listed above.

    4. Content of Fan Profile. The Fan Profile created and maintained by each Member Entity must describe only such Member Entity and the person, group, entity, organization, business, product, or service associated with such Member Entity, all substantially as reported to Khmer.be upon approval of such Fan Profile. If you wish to add any new or additional person, group, entity, organization, business, product, or service to an existing Fan Profile, you must complete a new Fan Profile Registration Form and submit it for approval.
    5. Member Entity Representations and Warranties. In the event that your or your group's, entity's, or organization's Fan Profile is approved, you represent and warrant to Khmer.be that:
      • You or your group, entity, or organization (as applicable) has the right and full power and authority to enter into this Agreement;
      • If your group, entity, or organization is a corporation, limited liability company, limited partnership, trust, or other form of organized entity:
        1. it is duly organized, validly existing, and in good standing under the laws of the state of its incorporation or formation, and
        2. the agreement to become a Member Entity, create a Fan Profile, and be bound by the terms of this Agreement have been duly authorized and approved by such entity;
      • This Agreement is a valid and binding agreement of the Member Entity, enforceable in accordance with its terms;
      • Any individual entering into this Agreement on behalf of the Member Entity has full authority to agree to these terms and to bind the Member Entity fully to this Agreement; and
      • All information with regard to either the Fan Profile, the Member Entity, or its business, products, services, clients, or customers provided to Khmer.be is and will be complete and accurate in all respects.
  10. Member Disputes. You are solely responsible for your interactions with other Members. We reserve the right, although we have no obligation, to monitor disputes between you and other Members, and to take any action that we feel may be appropriate in our sole discretion, consistent with the terms of this Agreement, including the termination of the membership of one or more Members.
  11. Disclaimers.
    1. We are not responsible for any incorrect or inaccurate Content Posted on the Website or in connection with the Service, whether caused by users of the Website, Members, our advertisers or corporate partners, or by any of the equipment or programming associated with or utilized in the operation of the Website or the Service.
    2. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE WEBSITE OR THE SERVICE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS OR OTHER USERS, OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.
    3. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Website, any Member, or any other person related to or resulting from use of the Website, viewing, playing or downloading any materials on or from the Website, or otherwise in any way in connection with the Service. The Website and the Service are provided "AS-IS" and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including, but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We cannot guarantee and do not promise any specific results from use of the Website or the Service. No advice or information, whether oral or written, obtained by you from us, or from or through the Website or the Service shall create any warranty not expressly stated herein.
  12. Limitation on Liability. Notwithstanding any other provision of this Agreement, our entire liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Website or the Service, even if we have been advised of the possibility of such damages.
  13. Disputes. If there is any dispute between you and us about or involving the Website or the Service, by using the Website or the Service, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction under and venue in the state and federal courts located in San Francisco, California for the resolution of any such dispute.
  14. Indemnity. You agree to indemnify and hold Khmer.be, its subsidiaries, affiliates, officers, agents, employees, and corporate or other partners harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or relating to: (a) your use of the Website or the Service (including the Posting by you of any Content on the Website) in violation of this Agreement; (b) any other breach of this Agreement by you; or (c) any breach of your representations and warranties set forth above.
  15. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of the Website.
  16. Survival. Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination, and you and we will continue to be bound by such terms indefinitely: Section 2 (Term), Section 5 (Proprietary Rights in Content), Section 9 (Fan Profiles), Section 10 (Member Disputes), Section 11 (Disclaimers), Section 12 (Limitation on Liability), Section 13 (Disputes), Section 14 (Indemnity), Section 16 (Survival), and Section 17 (Other).
  17. Other. You will be deemed to have accepted the terms of this Agreement upon use of the Website or by becoming a Member. This Agreement, together with our Privacy Policy, and any notices regarding the Website or the Service sent to you or posted on the Website, which are incorporated herein by this reference, contains the entire agreement between you and us regarding the use of the Website or the Service. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid or unlawful, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Please contact us with any questions regarding this Agreement.

Khmer.be is a service mark of Khmer.be, Inc.