Effective date: March 1st, 2020
Before accessing and using the Kharty Services, please read these Terms carefully as they constitute a legal agreement between Kharty and you.
BY USING ANY OF THE KHARTY SERVICES, YOU AGREE TO THESE TERMS AND AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO DO SO.
IMPORTANT NOTE: These Terms contain provisions that limit our liability to you and require you to resolve any dispute with us through final and binding arbitration on an individual basis and not as part of any class or representative action.
Every user of the web and mobile application of Kharty accepts at a personal level the following conditions. If you do not agree with any of the points set out here, then please do not use the Kharty services.
1. RESPONSIBLE USE AND CONDUCT
By accessing our services and content as a user, you accept the responsible use of such information and not upload content that is protected by copyright or infringing rules that violate individual rights. The user of Kharty may only upload content to the platform for the permitted purposes (A): complying with our usage policy and (B): submitting on a personal level to the laws of the country in which they are located.
Each user of Kharty agrees to comply with these requirements in a responsible manner. In the event that you fail to comply with these requirements, Kharty reserves the right to take legal action against you and to suspend your account without notice.
2. INTELLECTUAL PROPERTY
You agree that the SERVICES, including but not limited to content, graphics, user interface, audio, video, editorial content, scripts, software for the implementation of the services contain proprietary information and material that is owned by Kharty and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services for personal and noncommercial uses in compliance of this Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted by this Agreement.
You agree not to modify, rent, loan, sell or distribute the Services or Content in any manner, and you shall not exploit the Services in any manner not expressly authorized.
The Kharty name, the Kharty logo, and all the services and trademarks related to it are registered trademarks of Kharty in the U.S. and other countries throughout the world. You are granted no right or license to use, modify, or distribute any aforementioned content for commercial purposes or that do not adapt to the Terms of Service with respect to any aforesaid trademarks.
All content uploaded to Kharty's service is property of KHARTY LLC. We guarantee a limited and nonexclusive use, with a revocable license when using our application. This limited use license will remain in force until you decide to be terminated by either party, or by ceasing to use the application or by account suspension carried out for a breach of the legal terms.
3. KHARTY CONTENT
The Kharty platform allows you to upload multimedia content to be used for educational purposes. Such graphic content, text, use of trademarks or any other type of content should not be protected by copyright.
In the event that any user violates the rules regarding the uploading of copyrighted content, Kharty reserves the right to suspend the account and make legal decisions.
Kharty is not responsible for the correctness and update of the content uploaded to the platform. For more information please refer to our extended warranty appendix.
Kharty respects the intellectual property rights of others and expects users of the Kharty Services to do the same. The Kharty Services, including any information, graphics, images, artwork, text, video clip, data compilations, software, audio clip, trademark, service marks, log, trade names and other content provided on, in, or through the Kharty Services (collectively, the "Content") are the property of their respective owners and may be protected under both United States and foreign copyright, trademark patent and other laws. We reserve the right to remove Content alleged to be infringing without prior notice to you, at our sole discretion.
Only if you agree to these Terms (as well as any additional terms and conditions as may be related to specific Content), does Kharty grant to you a personal, nonexclusive, nontransferable and limited license (without the right to sub-license) to access and use the Kharty Services and browse, and interact with the Content solely for your own personal use and subject to these Terms.
We strive to keep all Content accurate, current, and up-to date. However, we cannot guarantee the accuracy, completeness, adequacy or currency of the Content and therefore the Content is not warranted or guaranteed in any way or form. For more information, see our Disclaimer of Warranties & Limitations of Liability in section 9 below.
4. USING THE KHARTY SERVICES
4.1 Your account:
Kharty is an application that requires access to a user’s account or the use of external platforms like Google or Facebook to obtain such access. Whatever creation from a user’s account contains false content will be at Kharty’s disposition to suspend the user’s account without prior notice.
Please do not share your Account, including your login credentials, with anyone else. You are responsible for all use of your Account, including use by others to whom you have provided access to your Account. Kharty may act upon any instructions received under your password and e-mail address without further verification.
4.2 Your Responsibilities:
You may use the Kharty Services for lawful purposes only. You may not use the Kharty Services in any manner that could damage, disable, overburden or impair Kharty 's servers or networks or interfere with any other party’s use and enjoyment of the Kharty Services.
Without limiting any of the foregoing, you agree that you shall not (and you agree not to encourage or allow any third party to) remove any copyright, trademark or other proprietary rights notices contained in the Kharty Services; transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features; interfere with another user's use of the Kharty Services;
Kharty may terminate your access to the Kharty Services without notice for any violation of the above rules at any time in its sole discretion.
You are solely responsible for any and all charges, fees and other costs related to use of the Kharty Services, if any.
Kharty may from time to time offer areas where you and other users can post or otherwise submit ratings, suggestions, ideas, notes, concepts or other information or materials to us regarding the Kharty Services (collectively, "Submissions"). By sending, posting or transmitting Submissions to Kharty (and/or our designees) or any area of the Kharty Services, you grant Kharty and our designees a worldwide, non- exclusive, sub-licensable (through multiple tiers), transferable, royalty-free, perpetual, irrevocable right to use, reproduce, sub-license (through multiple tiers), distribute, create derivative works of, perform and import your Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you.
In other words, Kharty has the automatic right to use your Submissions -- including reproducing, disclosing, publishing or broadcasting your Submission -- anywhere, anytime, in any medium and for any purpose. Under no circumstances are you entitled to payment if Kharty uses one of your Submissions. All Submissions are deemed non- confidential and non-proprietary.
You acknowledge and agree that Kharty has the right (but not the obligation) to alter, remove or refuse to post or allow to be posted any Submission. Kharty takes no responsibility and assumes no liability for any Submission posted by you or any third party.
Kharty strongly encourages you not to disclose any personal information in your Submissions because other people can see and use the personal information in your Submissions. Kharty is not responsible for information that you choose to communicate via Submissions.
4.4 DMCA and user content report
DMCA provides tools to those copyright owners who believe that these rights are being violated through the dissemination of their work through broadcast channels or the sale of their original or previously modified material, without prior authorization.
If you believe or suspect that your copyrighted material is being disseminated through any service related to Kharty, you or your agent should contact you by e-mail requesting that said content be removed from the platform.
If your content has been wrongly or improperly reported by copyright, you can make a counterclaim. Both the copyright infringement notification and the counter-claims must maintain the format provided at the time the claim is made. For more information you can consult www.copyright.gov
Claims and counter-claims should be sent to:
Attn: Legal - DMCA Notices
211 S Lasalle St #2342
Chicago, IL 60690 United States
We recommend that before filing a claim or counterclaim you consult with your legal advisor.
Kharty reserves the right to unilaterally terminate and suspend user accounts that do not respect the copyrighted material.
Taking all of the above into account and in addition, Kharty reserves the right to make decisions in cases where it is suspected that copyright is being infringed, suspending accounts and removing content without prior notice.
4.5 Copyright Claims
Kharty respects the intellectual property and copyright of third parties. It is our policy to respond appropriately to any type of claim related to a copyright infringement. Kharty will use reasonable efforts to investigate claims of intellectual property infringement and will take proportionate action based on legal decision-making and regarding content removal and deletion and blocking of user accounts. Kharty is not responsible for the content uploaded by any user, although the company is capable of taking legal action and deleting content and accounts, ultimately it will be the user who infringes copyright who is solely responsible and who must bear the costs generated in the event that legal actions are taken.
4.6 User Content.
Kharty does not control the User Content originating from users of Kharty Services, and does not guarantee the accuracy, integrity, or quality of such User Content.Kharty reserves the right to delete any User Content from its databases at any time and from time to time without notice to you. You acknowledge and agree that you are solely responsible for backing up any User Content uploaded to the Kharty Services or received by you through the use of the Kharty Services. Kharty shall not be liable for any purging, deletion, or failure to retain any such User Content.
4.7 Restrictions on Submissions and User Content.
You warrant, represent and agree that you will not contribute any Submissions, User Content or otherwise use the Kharty Services in a manner that:
Kharty reserves the right to take such action as it deems appropriate and/or to remove any content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if we are concerned that you may have breached the obligations set forth herein).
You agree that, in order to comply with the aforementioned behavioral clauses, Kharty has the right to review the content uploaded to its servers in order to determine if the content is lawful and / or appropriate. Kharty has the right to totally or partially modify, eliminate or hide content that it believes, in its own discretion, is not suitable or that violates some terms and conditions of use.
Even so, and reserving this right, Kharty is not responsible for the content uploaded to the platform and the user, who must respond to it in case of breaking any law.
5. THIRD-PARTY SITES & SERVICES
The Kharty Services may contain links to third-party websites and services, including social media (collectively, "Social Media"). Social Media are not under the control of Kharty and Kharty is not responsible for any Social Media or for any information or materials on, or any form of transmission received from, any Social Media. The inclusion of a link does not imply endorsement by Kharty of the Social Media or any association with the operators of the Social Media. Kharty does not investigate, verify or monitor the Social Media. Kharty provides links to Social Media for your convenience only. You access Social Media at your own risk.
6. ADVERTISEMENT; THIRD PARTY ADVERTISEMENT
7. MOBILE “IN-APP” PURCHASES
The Kharty Services may offer "in-app" purchase options for its mobile apps (the "In-App Purchases"). If In-App Purchases are available to you, you acknowledge and agree that all billing and transaction processes related to In-App Purchases are handled and processed through the Google Play or iTunes app store from which you originally downloaded the application ("the App Store Provider"). All In-App Purchases are governed by the App Store Provider's terms and conditions. You may access the applicable In-App Purchases terms and conditions directly from the App Store Provider. If you have any payment related issues with In-App Purchases, then you need to contact the App Store Provider directly.
9. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE KHARTY SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. To the maximum extent permitted by applicable law, Kharty specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. Kharty does not warrant that (a) the Kharty Services will meet your requirements, (b) operation of the Kharty Services will be uninterrupted or virus- or error- free or (c) errors will be corrected. Any oral or written advice provided by Kharty or its authorized agents does not and will not create a warranty. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOUR USE OF THE KHARTY SERVICES IS AT YOUR OWN RISK.
YOU AGREE THAT IN NO EVENT WILL KHARTY BE LIABLE (a) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF KHARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR (b) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE KHARTY SERVICES. The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law. IF FOR ANY REASON THE DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY SET FORTH HEREIN IS/ARE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN KHARTY 'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES HEREUNDER SHALL NOT EXCEED $100 OR THE TOTAL AMOUNT PAID TO US FOR YOUR USE OF THE KHARTY SERVICES IN THE PAST TWELVE MONTHS, WHICHEVER IS GREATER.
You acknowledge and agree that the above limitations of liability together with the other provisions in these Terms that limit liability are essential terms and that Kharty would not be willing to provide the Kharty Services and/or to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
You agree to indemnify and defend Kharty and its directors, officers, employees and agents from and against all losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys' fees brought against Kharty by any third party arising from your use of the Kharty Services or any violation of these Terms, the rights of a third party or applicable law. Kharty reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of Kharty may be made without Kharty 's prior written approval.
11. DISPUTE RESOLUTION
These Terms are governed by and construed and enforced in accordance with the internal substantive laws of the United States and are binding upon the parties hereto in the United States and worldwide. You and Kharty agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms.
YOU AND KHARTY AGREE THAT EACH MAY BRING claims against the other only on an individual basis and not as a plaintiff or CLASS member in any PURPORTED class or representative action or proceeding.
YOU AND KHARTY AGREE THAT ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION IN THE MANNER SPECIFIED HEREIN AND THAT YOU AND KHARTY WAIVE ANY RIGHT TO BRING SUCH CLAIMS BEFORE ANY COURT OF LAW. RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Any dispute between you and Kharty and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of these Terms (collectively, "Covered Disputes") will be settled by binding arbitration in the United States, administered by American Arbitration Association ("AAA") in accordance with its rules (including its rules and procedures for consumer-related disputes) in effect on the date thereof. Prior to initiating any arbitration, the initiating party will give the other party at least 60 days’ advance written notice of its intent to file for arbitration. Kharty will provide such notice by email to the email address that you provided when you created your account and you must provide such notice to Kharty by email at: firstname.lastname@example.org
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
A single arbitrator will be selected by AAA in accordance with AAA's Rules. The arbitration shall be conducted in the English language. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator will apply United States law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The arbitrator's decision must be with written explanation and remain confidential. Kharty and you agree that any Covered Dispute will be submitted to arbitration on an individual basis only. NEITHER KHARTY NOR YOU ARE ENTITLED TO ARBITRATE ANY COVERED DISPUTE AS A CLASS, REPRESENTATIVE OR PRIVATE-ATTORNEY ACTION AND THE ARBITRATOR WILL HAVE NO AUTHORITY TO PROCEED ON A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL BASIS. If any provision of this agreement to arbitrate is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred.
Please Note: By agreeing to these Terms, you explicitly agree that any claims or actions that you may otherwise have against Kharty under the laws of any jurisdiction outside the United States are hereby waived, including without limitation, any claims or actions under the laws of your own country, and that the sole applicable laws for any disputes hereunder are the laws of the United States, and that the sole venue in which any disputes hereunder may be heard is Chicago, Illinois, and waive any right you may otherwise have to claim forum non conveniens, or to seek to have the dispute resolution proceedings take place in any other jurisdiction.
12. ELECTRONIC CONTRACTING
Your affirmative act of using and/or registering for the Kharty Services constitutes your consent to enter into agreements and to transact with us electronically.
Your license and permission hereunder to use the Kharty Services and Kharty Content automatically terminates when you fail to comply with any material term or condition hereof. Kharty may terminate or modify your access to the Kharty Services, with or without notice to you, at any time for any reason. For example, access to the Kharty Services may be denied without notice if Kharty believes that you are a minor using the Kharty Services without parental consent.
You have the right to terminate this Agreement and your Kharty Services account at any time by deleting the application from your mobile device.
Termination will not limit any of Kharty 's other rights or remedies.
14. CLAIMS OF COPYRIGHT INFRINGEMENT
We respond to notices of alleged infringement as required by the US Digital Millennium Copyright Act ("DMCA"), including by removing or disabling access to material claimed to be the subject of infringing activity. If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights otherwise have been violated in or through the Kharty Services, please send your claim or notice of infringement to our DMCA agent at:
AtTN: Legal - DMCA Notice
211 S Lasalle St #2342
Chicago, IL 60690 United States
Your notice must contain (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our DMCA Agent will only respond to notices and inquiries that comply with the requirements of the DMCA. Please see www.copyright.gov for more information.
15. GEOGRAPHIC CONSIDERATIONS
These English-language Terms of Service is Kharty's official statement of its terms relating to the Kharty Services. In case of any inconsistency between this English-language Terms of Service and any translation into another language, this English-language document prevails.
If as a user you do not agree in whole or in part with the above terms and conditions of the service, you are not authorized to use the application. For any breach of the above terms, violation of laws and copyright, you will be personally and financially responsible for any damages that may occur.
17. CONTACT US