|Recommend HALKAR to your friends|
Data without Context is Dirt. So you now can use HALKAR Analytics on your Data in HALKAR to Outgrow your competition with HALKAR Big Data Service.
HALKAR is designed in a way to capture all your business information for your business advantage. Stay consistently ahead of the S-Curve. The amount of data in our world has been exploding, and analyzing large data sets—so-called big data—will become a key basis of competition, underpinning new waves of productivity growth, innovation, and consumer growth. Leaders in every sector will have to grapple with the implications of big data, not just a few data-oriented managers.
The increasing volume and detail of information captured by enterprises, the rise of multimedia, social media, and the Internet of Things will fuel exponential growth in data for the foreseeable future.
|Training & Certification|
|Learn how to get the most from HALKAR with flexible training options for end users, administrators, and developers. For More Information, please email us at firstname.lastname@example.org|
|Integration with your current Platforms/Software Systems|
|Please email us at email@example.com so that our professional services team can help you in understanding and defining scope of work for any integration with your existing systems. Our Professionals teams have exceptional experience in integrations with key platforms in the world.|
|Get your questions answered and problems solved in the way that works best for you. From Web support to 24x7 accesses to experts, our support professionals have you covered. Please feel free to email at firstname.lastname@example.org so that we can provide you with all the support you need.|
Thank You for Signing Up!
Please check your email for Account Activation.
Sign-up is Not Successful
Please Try Again!
Our Relationship Manager will contact you.
|Your request is not successful.|
|An email has been sent to your account.|
|This account has already been Activated..|
|We are facing some technical issue.|
|It's Free Forever.|
>>500 MB DRIVE
>>3 FREE APPS
>>2 FREE USERS
>>2 FREE REPORTS
|Perfect for a Small Office.|
>>10 Free APPS
|Best for a Growing Business.|
|For Large Enterprises.|
|Get Customized Team Pricing for your organization today as per your business requirements.|
THIS MASTER SUBSCRIPTION AGREEMENT (“AGREEMENT”) GOVERNS YOUR ACQUISITION AND USE OF OUR SERVICES. IF YOU REGISTER FOR A FREE ACCOUNT FOR OUR SERVICES, THIS AGREEMENT WILL ALSO GOVERN THAT FREE ACCOUNT. BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
You may not access the Services if you are our direct competitor, except with our prior written consent. In addition, you may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
This Agreement was last updated on December 23rd, 2012. It is effective between you and us as of the date of you accepting this Agreement.
Table of Contents
"Affiliate" means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control," for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
"Market" means the online directory listings of applications, content, product information, raw materials information and commodities information that interoperate with the Services, located at http://www.halkar.com or at any successor websites.
"Malicious Code" means viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs.
"Non-Halkar.com Applications" means online applications and offline software products those are provided by entities or individuals other than us.
"Services" means the products and services that are ordered by you under a free account or an Order Form and made available by us online via the customer login link at http://www.halkar.com and/or other web pages designated by us.
"Users" means individuals who are authorized by you to use the Services, for whom subscriptions to a Service have been ordered, and who have been supplied user identifications and passwords by you (or by Us at Your request). Users may include but are not limited to your employees, consultants, contractors and agents, and third parties with which you transact business.
2. FREE FOREVER ACCOUNT
If you register on our website for a free account, we will make one or more Services available to you on FREE ACCOUNT basis free of charge until the earlier of the start date of any Purchased Services ordered by you. If you end up using all of our free services and use the maximum number of Apps and Drive storage, you shall upgrade to the paid account in order to continue access of halkar.com services. Additional free terms and conditions may appear on the registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.
ANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE ACCOUNT WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE FREE ACCOUNT, PURCHASE UPGRADED SERVICES, OR EXPORT SUCH DATA. YOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE ACCOUNT TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE FREEE ACCOUNT (E.G., FROM ENTERPRISE TO PROFESSIONAL OR FROM PROFESSIONAL TO STANDARD EDITION); THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE, YOU MUST EXPORT YOUR DATA OR YOUR DATA WILL BE PERMANENTLY LOST.
3. PURCHASED SERVICES
3.1. Provision of Purchased Services. We shall make the Purchased Services available to you pursuant to this Agreement and the relevant Order Forms during a subscription term. You agree that your purchases hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by us regarding future functionality or features.
3.2. User Subscriptions. Unless otherwise specified in the applicable Order Form, (i) Services are purchased as User subscriptions and may be accessed by no more than the specified number of Users, (ii) additional User subscriptions may be added during the applicable subscription term at the same pricing as that for the pre-existing subscriptions thereunder, prorated for the remainder of the subscription term in effect at the time the additional User subscriptions are added, and (iii) the added User subscriptions shall terminate on the same date as the pre-existing subscriptions. User subscriptions are for designated Users only and cannot be shared or used by more than one User but may be reassigned to new Users replacing former Users who no longer require ongoing use of the Services.
4. USE OF THE SERVICES
4.1. Our Responsibilities.We shall: (i) provide Our basic support for the Purchased Services to You at no additional charge, and/or upgraded support if purchased separately, (ii) use commercially reasonable efforts to make the Purchased Services available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which We shall give at least 8 hours’ notice via the Purchased Services and which We shall schedule to the extent practicable during the weekend hours from 6:00 p.m. Friday to 3:00 a.m. Monday), or (b) any unavailability caused by circumstances beyond Our reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Our employees), Internet service provider failures or delays, or denial of service attacks, and (iii) provide the Purchased Services only in accordance with applicable laws and government regulations.
4.2. Our Protection of Your Data. We shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data. We shall not (a) modify Your Data, (b) disclose Your Data except as compelled by law or as expressly permitted in writing by you, or (c) access Your Data except to provide the Services and prevent or address service or technical problems, or at your request in connection with customer support matters.
4.3. Your Responsibilities. You shall (i) be responsible for Users’ compliance with this Agreement, (ii) be responsible for the accuracy, quality and legality of Your Data and of the means by which You acquired Your Data, (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify Us promptly of any such unauthorized access or use, and (iv) use the Services only in accordance with the User Guide and applicable laws and government regulations. You shall not (a) make the Services available to anyone other than Users, (b) sell, resell, rent or lease the Services, (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful material, or to store or transmit material in violation of third-party privacy rights, (d) use the Services to store or transmit Malicious Code, (e) interfere with or disrupt the integrity or performance of the Services or third-party data contained therein, or (f) attempt to gain unauthorized access to the Services or their related systems or networks.
4.4. Usage Limitations. Services may be subject to other limitations, such as, for example, limits on disk storage space, and, for Services that enable you to provide public websites, on the number of page views by visitors to those websites. Any such limitations are specified in the User Guide. The Services provide real-time information to enable you to monitor your compliance with such limitations.
5.1 BUSINESS APPS
HALKAR APPCENTER, A SERVICE FOR CREATING AND ACCESSING ONLINE DATABASE APPLICATIONS, IS PROVIDED TO YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter "You" or "Your") BY HALKAR CORP. (hereinafter "HALKAR"), ACCORDING TO THE FOLLOWING TERMS AND CONDITIONS (hereinafter "Terms") IN ADDITION TO HALKAR TERMS OF SERVICE. USE OF HALKAR APPCENTER SIGNIFIES YOUR ACCEPTANCE OF THE TERMS AND GENERAL TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE TERMS, DO NOT PROCEED OR USE HALKAR APPCENTER IN ANY MANNER.
Accessing HALKAR APPCENTER
HALKAR APPCENTER is a part of HALKAR's suite of online collaboration and business productivity applications (hereinafter "HALKAR Services"). You will be able to access HALKAR APPCENTER by using your common account for all HALKAR Services (hereinafter "HALKAR Account").
Sharing Your Applications
HALKAR may prescribe usage limits, including number of applications, Shared Users, the size of file attachments and number of records. You understand that HALKAR may restrict an activity if you reach the usage limit corresponding to such activity.
5.2 COLLABORATION APPS, PRODUCTIVITY APPS, CALENDAR, CONTACTS AND MAIL
This Agreement consists of the following specific terms and conditions.
Acceptance of the Terms
You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using the Services.
Description of Service
We provide an array of services for online collaboration and management including word processor, spreadsheet, presentation tool, Business AppsAPPCENTER, email client, chat client, Contacts, CalendarHALKAR free Operations System ("Service" or "Services"). You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment’s necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.
Subscription to Beta Service
We may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that HALKAR will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
Modification of Terms of Service
We may modify the Terms upon notice to you at any time. You will be provided notice of any such modification by electronic. You may terminate your use of the Services if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Service after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.
User Sign up Obligations
You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if HALKAR has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, HALKAR may terminate your user account and refuse current or future use of any or all of the Services.
Personal Information and Privacy
Communications from HALKAR
The Service may include certain communications from HALKAR, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
Fees and Payments
Subscriptions to paid Services are available yearly subscription plans. Your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. The subscription fee will be charged to the Credit Card last used by you. If you would like the payment for the renewal to be made through a different Credit Card or if you do not wish to renew the subscription, you agree to inform us at least seven days prior to the renewal date. In the event of termination of the subscription, you will be refunded the subscription fee for the unused portion of the subscription period. HALKAR reserves the right to change the subscription fee and to charge for use of Services that are currently available free of charge. You will not be charged for using any Service unless you have opted for a paid subscription plan. Information on the subscription options and charges for all paid Services is available at PRICING.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Services; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; or (v) use the Services for spamming and other illegal purposes.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
Inactive User Accounts Policy
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and backup of your data by email. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. But you grant HALKAR permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.
User Generated Content
You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content.
In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that HALKAR will have the right to block access to or remove such content made available by you, if HALKAR receives complaints concerning any illegality or infringement of third party rights in such content.
By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by HALKAR for this purpose.
Sample files and Applications
HALKAR may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. HALKAR makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
HALKAR, HALKAR logo, HALKAR: THE NEW ECONOMY are trademarks of HALKAR Corporation. You agree not to display or use, in any manner, the HALKAR trademarks, without HALKAR’s prior permission.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. HALKAR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HALKAR MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM HALKAR, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU AGREE THAT HALKAR SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF HALKAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ARE SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH HALKAR RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL HALKAR’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
You agree to indemnify and hold harmless HALKAR, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by HALKAR.
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, HALKAR may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Suspension and Termination
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to email@example.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request. In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your e-mail address and password and deletion of all data in your user account.
This agreement governs the listing of your applications, content and other product or commodities information on the HALKAR Market. If you are entering into this Agreement on behalf of a company or other organization, you must have the authority to bind your company or organization to this Agreement and commit funds on its behalf. Titles that typically carry that authority include, without limitation: Chairman, Principal, President, Officer, Vice President, Director, Controller, Finance Manager or Purchasing Manager. We may reject this Agreement if we determine, in our sole discretion, that you do not have the appropriate authority. In any case, if you are entering into this Agreement on behalf of a company or other organization, you represent that You have the authority to bind it to this Agreement and commit funds on its behalf, and the terms "You" and "Your" will refer to that company or organization.
PERMISSION TO LIST YOUR APPLICATIONS, CONTENT, PRODUCT, RAW MATERIALS OR COMMODITY INFORMATION ON THE HALKAR MARKET
Subject to the terms of this Agreement, We permit you to list Your Applications on the HALKAR Market upon successful completion of the application review described below. We reserve the right, in our sole discretion and for any reason at any time, to revoke this permission and refuse to list Your Application on, or to remove Your Application and/or related listing(s) from, the HALKAR Market.
CERTAIN OBLIGATIONS, REPRESENTATIONS AND WARRANTIES
Your Responsibilities. You acknowledge that You are solely responsible, and that We have no responsibility or liability of any kind, for the content, development, operation, or maintenance of all your listings on HALKAR Market. For example, You will be solely responsible for:
Your Representations, Warranties and Covenants.
You represent, warrant and covenant that:
Users may post, upload, publish, submit or transmit text, graphics, images, music, audio, video, information or other materials to be made available for sale and download through HALKAR Market. You, as a "Submitter", grant HALKAR a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, prepare derivative works of, display and perform your Submissions in connection with the Site and HALKAR's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your Submissions through the Site and the Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submissions as permitted through the functionality of the Site and under these Commercial Terms of Service.
HALKAR does not claim any ownership rights in any such User Content and nothing in these Commercial Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through HALKAR Market. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to HALKAR the rights in such User Content, as contemplated under these Commercial Terms of Service; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or HALKAR's use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Submitters understand and agree that third-party advertising, in any commercially reasonable format, may be made available through the Site and the Services, including in connection with uploaded Submissions.
HALKAR reserves the right to remove Submissions at any time, without notice or recourse, should HALKAR decide in its sole discretion that it is appropriate or desirable to remove a Submission.
You agree not to do any of the following:
Post, upload, publish, submit or transmit any Submission(s) or other text, graphics, images, software, music, audio, video, information or other material that:
HALKAR will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. HALKAR may involve and cooperate with law enforcement authorities in prosecuting users who violate these Commercial Terms of Service. You acknowledge that HALKAR has no obligation to monitor your access to or use of the Site, Services or Content or to review or edit any Submission, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Commercial Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. HALKAR reserves the right, at any time and without prior notice, to remove or disable access to any Content, including Submissions, that HALKAR, in its sole discretion, considers to be in violation of these Commercial Terms of Service or otherwise harmful to the Site or Services.
Copyright and IP Policy
HALKAR respects copyright law and expects its users to do the same. HALKAR has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
The Site and the Content may contain links to third-party websites or resources. You acknowledge and agree that HALKAR is not responsible or liable for:
Links to such websites or resources do not imply any endorsement by HALKAR of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Termination and Account Cancellation
If you breach any of these Commercial Terms of Service, HALKAR will have the right to suspend or disable your Account or terminate these Commercial Terms of Service, at its sole discretion and without prior notice to you. HALKAR reserves the right to revoke your access to and use of the Site, Services and Content at any time, with or without cause. In the event HALKAR terminates these Commercial Terms of Service for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by deleting your Account through your profile options. Please note that if you delete your Account, no refund will be issued for any remaining Credits, if any.
APPLICATION LISTING AND REVIEW
While this Agreement is in effect, it will govern all listings on HALKAR Market and all of Our reviews of Your listings on the HALKAR Market. Before Your Application can be submitted to us for review and listed on the HALKAR Market, You are responsible for evaluating and testing Your Application as to its technology, functionality, performance, security, and user interface. We reserve the right to conduct any type of review of Your Applications, in addition to that described below. We may adopt and change our review standards and processes in our sole discretion. All submissions of Your Applications to us for review or listing on the HALKAR Market must be made through our online package submission process.
We may conduct a security review of Your Application, which may include a qualitative assessment involving a review of your completed questionnaire and an interview with You, and security testing. If Your Application is a hosted, on-demand application, security testing may include remote application-level security testing of Your Application, and network-level security testing including a vulnerability threat assessment. We may conduct such testing ourselves or through a third party. We will provide reasonable notice to You before starting such testing. We will also cooperate reasonably with You to minimize the effects of such testing on Your business and operations, including by conducting network-level testing after business hours if You so request. You agree to cooperate reasonably in any such testing. Despite the foregoing, such testing may in rare cases cause downtime or other adverse effects on Your applications or systems. You agree that We and Our agents or contractors conducting the testing will bear no responsibility for such adverse effects. Any of Your nonpublic information to which We obtain access in the course of such security testing will be considered Your Confidential Information for purposes of Section titled "Confidentiality" below.
REVIEWS OF HALKAR MARKET LISTINGS BY YOU
The HALKAR Market allows you to post reviews of HALKAR Market Listings. Any review by you of an HALKAR Market Listing shall be made in good faith after reasonable evaluation of the full HALKAR Market Listing. If you post a review of Your Listing, You shall disclose your identity and the fact that the HALKAR Market Listing being reviewed is Your Listing. If you post a review of a competitor's HALKAR Market Listing, You shall disclose your identity and the fact that you publish a competitive HALKAR Market Listing.
By listing an item on HALKAR Market, you agree to pay HALKAR's fees, to assume full responsibility for the content of the listing and item offered, and to accept the following listing conditions: When you list an item on HALKAR's sites, your listing will be posted on HALKAR Market. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so HALKAR can't guarantee exact listing durations. You also agree that HALKAR might contact you via email or phone and you give HALKAR all rights to record all correspondence between you and HALKAR for business purposes.
You are responsible for reading the full item listing, including any instructions the seller provides, before making a commitment to buy. Unless otherwise stated, by making a commitment to buy an item on HALKAR, you are committing to buy the item from the seller listing the item. If you make a commitment to buy accepted, you enter into a legally binding contract with the seller and are obligated to purchase the item. For motor vehicles and real estate, a bid or offer initiates a non-binding transaction representing a buyer's serious expression of interest in buying the seller's item and does not create a formal contract between the buyer and the seller.
You agree that you authorize HALKAR to deduct 20% of each AppCenter Application or Content sale price made through HALKAR Market as a fee for using halkar.com Market as a platform. You also agree that remaining 80% of your payment will be transferred to your Paypal or Bank Account (transfer charges apply separately) as per your Account Settings. You shall be liable for all your taxes and HALKAR Inc. is not responsible for any of tax your payments or any other liabilities of yours or your organizations. You also agree that at the end of each month 80% of your sales price shall be remitted to your Paypal or Bank Account without any interest. 80% of sale price will be remitted to your Paypal or Bank Account in the same month if your transaction has taken place before 20th of that month. In case it is after 20th of the month, 80% sale price shall be remitted to your Paypal or Bank Account in the next month. You agree that you shall not be able to claim any interest or any other payment from HALKAR Inc. except your 80% sale price for every transaction involving AppCenter Apps or Content of any kind. You also grant all rights to HALKAR Inc. to withhold all payments in case there is a copy right infringement or any other legal violation.
All other listings except AppCenter Apps or Content of any kind such as information on finished products, commodities, raw materials can be sold to any other third party with zero fees payable to HALKAR. You also accept that you claim all responsibility for the quality and delivery of each HALKAR Market listing.
While using HALKAR sites, services and tools, you will not:
You will use commercially reasonable efforts to provide telephone, web-based and/or email support to your customers for Your Applications during normal business hours.
Contact Email Address
You will provide to us a current email address to which We may direct inquiries from users regarding Your Applications.
You agree that you are solely responsible for providing all support for all your, and for providing to users of Your listings all information necessary for their use of Your Applications.
Trademark Cross License
Each party hereby grants to the other a nonexclusive, worldwide, fully paid-up, royalty-free license, for the term of this Agreement, to use, in Your case, "HALKAR”, "HALKAR Market" and associated logos and, in Our case, Your name, Your Application name(s) and associated logos (collectively, "Marks") solely to enable the other party to exercise its rights and perform its obligations under this Agreement. Any use of Marks shall be in accordance with the granting party's reasonable trademark usage policies, with proper markings and legends. Each party shall cease, or adjust the manner of, its use of any Mark of the other party at the request of the other party in its sole discretion.
To the extent Your Listings or Applications transmit Our Customer Data outside Our system, You represent and warrant that You have notified all users who have access to Our Customer Data through Your Applications, or will notify them prior to their use of Your Applications, that their data will be transmitted outside Our system and to that extent We are not responsible for the privacy, security or integrity of such data. You further represent and warrant that to the extent Your Applications store, process or transmit Our Customer Data, neither You nor Your Applications will, without appropriate prior user consent or except to the extent required by applicable law, (1) modify the content of Our Customer Data in a manner that adversely affects the integrity of Our Customer Data, (2) disclose Our Customer Data to any third party, or (3) use Our Customer Data for any purpose other than providing Your Application functionality to users of Your Applications. You shall also maintain and handle all of Our Customer Data in accordance with privacy and security measures reasonably adequate to preserve its confidentiality and security and all applicable privacy laws and regulations. A modification or disclosure of Our Customer Data does not violate either of the two preceding sentences to the extent it results from an activity of the applicable customer using Your Application and a reasonable customer would expect that modification or disclosure of its data to occur as a result of that activity.
Your Customer Configuration/Usage Data. To the extent You receive access to Your Customer Configuration/Usage Data in or from Our systems, You represent and warrant that You have notified all of Your users who are subjects of Your Customer Configuration/Usage Data, or will notify them prior to their use of Your Applications, that You may receive such data from Us, and to that extent We are not responsible for the privacy, security or integrity of Your Customer Configuration/Usage Data. You further represent and warrant that to the extent You or Your Applications store, process, collect or transmit Your Customer Configuration/Usage Data, neither You nor Your Applications will, without appropriate prior user consent or except to the extent required by applicable law, (1) modify the content of Your Customer Configuration/Usage Data in a manner that makes it inaccurate or misleading, (2) disclose Your Customer Configuration/Usage Data to any third party other than Your applicable customer, or (3) use Your Customer Configuration/Usage Data except in connection with Your relationship with Your applicable customer. You shall also maintain and handle all of Your Customer Configuration/Usage Data in accordance with privacy and security measures reasonably adequate to preserve its confidentiality and security and all applicable privacy laws and regulations. Notwithstanding the foregoing, this paragraph does not restrict your use or disclosure of aggregated data containing Your Customer Configuration/Usage Data, provided none of our customers is identified or identifiable through such aggregated data or through Your use of such aggregated data.
Definition of Confidential Information
As Used in this Agreement, "Confidential Information" means any information described below which is disclosed by one party (You or Us) to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information is limited to Your Applications and any nonpublic information that you submit to us in writing (including electronically) as part of our process for reviewing or listing. Our Confidential Information is limited to nonpublic aspects of the HALKAR Market, Our halkar.com platform and our applications; nonpublic aspects of third-party applications listed on the HALKAR Market to which you obtain access as a result of the relationship between You and Us under this Agreement; and nonpublic technology, technical information and product plans to which you obtain access as a result of the relationship between You and Us under this Agreement. Confidential Information (except for Our Customer Data) shall not include any information that: (i) is or becomes generally known to the public without breach of an obligation owed to the disclosing party; (ii) was known to the receiving party before its disclosure by the disclosing party without breach of an obligation owed to the disclosing party; (iii) was independently developed by the receiving party without breach of an obligation owed to the disclosing party; or (iv) is received from a third party without breach of an obligation owed to the disclosing party.
During the term of this Agreement and for five years thereafter, the Recipient shall not disclose or Use any Confidential Information of the Discloser for any purpose outside the scope of this Agreement, except with the Discloser's prior written permission. Each party agrees to protect the confidentiality of the Confidential Information of the other party in the same manner that it protects the confidentiality of its own proprietary and confidential information of like kind (but in no event Using less than reasonable care).
If the Recipient is compelled by law to disclose Confidential Information of the Discloser, it shall provide the Discloser with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at Discloser's cost, if the Discloser wishes to contest the disclosure.
If the Recipient discloses or Uses (or threatens to disclose or Use) any Confidential Information of the Discloser in breach of confidentiality protections hereunder, the Discloser shall have the right, in addition to any other remedies available to it, to seek injunctive relief to enjoin such acts, it being specifically acknowledged by the parties that any other available remedies are inadequate.
We make no warranty or guarantee regarding:
We hereby disclaim all warranties, including but not limited to any implied warranties of merchantability or fitness for a particular purpose, relating to the above.
14. RISK OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
You acknowledge the risk those Users who access Your applications through the HALKAR Market, including through the pre-purchase "Demo" (or similarly functional) feature of the HALKAR Market, may develop applications that infringe or misappropriate Your intellectual property rights in Your applications. Nothing in this Agreement restricts you from pursuing claims against such Users. However, in that event, You agree that Our provision of the HALKAR Market does not constitute contributory infringement or aiding or abetting of any such infringement or misappropriation.
We shall indemnify and hold You and Your subsidiaries, affiliates, officers, agents, and employees harmless from any claims by third parties, and any related damages, losses or costs (including reasonable attorney fees and costs), arising out of a claim alleging that the halkar.com or any content originating with Us and published on the HALKAR Market infringes, misappropriates or violates any rights of a third party. You shall indemnify and hold Us and Our subsidiaries, affiliates, officers, agents, and employees harmless from any claims by third parties, and any related damages, losses or costs (including reasonable attorney fees and costs), arising out of a claim or demand (i) alleging that any of Your Applications, or content submitted by You and published on the HALKAR Market, infringes, misappropriates or violates any rights of a third party; (ii) arising out of an alleged breach by You of a representation, warranty of agreement related to any of Your Applications; or (iii) based on Your breach of the section of this Agreement titled "Our Customer Data and Your Customer Configuration/Usage Data.
LIMITATION OF LIABILITY
EXCEPT FOR A PARTY'S INDEMNIFICATION OBLIGATIONS ABOVE, (A) NEITHER YOU NOR WE SHALL HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EVEN IF YOU OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) IN NO EVENT SHALL EITHER YOUR OR OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE HALKAR MARKET, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF $10,000 OR THE AMOUNTS PAID BY AND DUE FROM YOU UNDER THIS AGREEMENT.
Notices under this Agreement must be in writing and are deemed to have been given upon (a) personal delivery, (b) the third business day after mailing, (c) the second business day after sending by confirmed facsimile, or (d) the first business day after sending by email.
This Agreement does not create a partnership, franchise, joint venture, agency, and fiduciary or employment relationship between you and us, notwithstanding its Use of the term "partner." Nothing on any purchase order or preprinted form shall add to or vary the terms of this Agreement. If any provision of this Agreement is held by a court to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect its intentions, with all other provisions remaining in full force and effect. A party's failure to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless agreed to by that party in writing. This Agreement comprises the entire agreement between you and us and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Us regarding the subject matter contained herein. During the term of this Agreement, the terms of any online click-through agreement solely for HALKAR Market partners shall be of no force or effect. However, this Agreement will not supersede or affect any agreement, including any online click-through agreement, between you and any of your customers. There are no third-party beneficiaries to this Agreement. Neither You nor We may assign any rights or obligations under this Agreement without the prior written consent of the other (not to be unreasonably withheld), provided either You or We may assign this Agreement without consent of the other in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of the assigning party's assets.
If I am entering into this Agreement on behalf of a company or other organization, I have the authority to bind that company or organization to this Agreement and commit funds on its behalf.
INSTALLATION AND USE OF APPLICATIONS
your use of HALKAR Market applications will be governed by terms you must click-accept during the Demo or installation process. Please read those terms carefully before accepting them. If the HALKAR Market application is provided by us, you may contact us with any questions about those terms. If the HALKAR Market application is provided by another company, then you should contact that company directly with any questions about those terms.
The HALKAR Market allows you to post reviews of all listings you have used, and to post comments on such reviews. Such reviews and comments will be posted under your name as submitted to HALKAR. If you do not want your name to appear with any reviews or comments, do not post any reviews or comments on the HALKAR Market. To be useful to other users, those reviews and comments you post must be made in good faith after reasonable evaluation of the full application. Therefore:
We reserve the right, in our sole discretion and for any reason at any time, to remove or edit any review or comment on the HALKAR Market.
Content unrelated to a review or comment of the relevant application – for example, discussing our employees, business or stock, or those of other companies, or unrelated products or services – is prohibited. In addition, reviews and comments may not contain content that:
Posting of hypertext links to third-party sites is discouraged, unless they are relevant to the review (for example, a link to a publication containing a review of the relevant application).
We do not claim ownership of the content of reviews or comments you post on the HALKAR Market. However, you hereby grant us a nonexclusive, worldwide, irrevocable, perpetual, transferable (only to a successor of HALKAR by way of merger, acquisition or corporate reorganization), fully paid-up, royalty-free to use, distribute, reproduce, modify, excerpt, attribute, adapt, publicly perform and publicly display that content (in whole or in part) and to incorporate it into other works in any format or medium now known or later developed, and to permit others to do so.
We may, ourselves or through our agents, investigate any violation of this Agreement and take appropriate remedial action. We may enforce the terms of this Agreement by any legal means, including, but not limited to, warning you of violations; disabling or suspending privileges and/or access; deleting, screening or editing any content; or prohibiting any behavior that does not comply with this Agreement, or which is otherwise inappropriate, harmful, objectionable or inaccurate. We may release information concerning your use of the HALKAR Market (including registration information, and network records and published content) when we believe release is appropriate to comply with the law (e.g., pursuant to a subpoena, warrant or court order); to enforce or apply this Agreement; to protect our rights or property; to protect against fraudulent, abusive or unlawful use of the HALKAR Market; or if we reasonably believe that a situation involving imminent danger of death or serious bodily injury to any person requires disclosure. Deliberate attempts by you or someone on your behalf to evade or circumvent the suspension or termination of your rights to use the HALKAR Market violate this Agreement, constitute an unlawful trespass to our equipment and systems, and may result in legal action.
Most of the applications and content on the HALKAR Market are submitted by parties other than us. That third-party content is the sole responsibility of the originator of that content. We are not responsible for any third-party content, whether or not we reviewed or moderated such content. You agree that you bear all risks associated with using or relying on applications and content on the HALKAR Market. We do not in any way warrant the accuracy, reliability, completeness, usefulness, non-infringement, or quality of any applications or content on the HALKAR Market, regardless of who originated that content (including our employees, partners, affiliates or moderators), and even if an application is designated as “certified.” We hereby disclaim all warranties, including but not limited to any implied warranties of merchantability or fitness for a particular purpose, relating to such applications or content. We shall not be liable or responsible in any way for any losses or damage of any kind, including lost profits or other indirect or consequential damages, relating to your use of or reliance upon any applications or content on the HALKAR Market.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, and employees harmless from any claims by third parties, and any related damages, losses or costs (including reasonable attorney fees and costs), arising out of content you submit to or publish on the HALKAR Market, your use of the HALKAR Market, your violation of this Agreement, or your violation of any rights of a third party.
The following terms govern your use of our HALKAR Spheres. Your use of these services means you have accepted these terms and your continued use of these services means you are consenting to any updates. If you do not wish to agree to these terms, please do not use these services.
Age and Relationship
You must be above the legal age of majority (or above the age of 18, whichever is higher) to use these services. In addition, you confirm that you are the owner of the entity listed on the page or an authorized agent who is able to bind others on behalf of the entity.
If we find in our discretion that you’ve violated any of these responsibilities, we reserve the right to take the appropriate action. While HALKAR is not responsible for your page or the entity listed on your page, once you verify, you understand that we have the right, but not the obligation, to moderate the content you supply via your page. Furthermore, we may not choose to display your content, may choose to show only an edited version of your content, or may choose to show content from an alternate source in place of your content.
Text, images, or other content posted on HALKAR Spheres Pages must comply with all appropriate laws mentioned in this agreement and all applicable laws in United States of America. HALKAR reserves the right to restrict the content on your HALKAR spheres Page at its discretion.
Suspension and Termination
HALKAR reserves the right to block or remove HALKAR Spheres Pages that violate law, third party rights, the HALKAR Spheres Pages Terms or if you are using HALKAR Spheres Pages to violate or circumvent terms or policies for other HALKAR products or services. Repeated violations of HALKAR Spheres Pages Terms may cause your HALKAR Spheres account to be suspended or your entire HALKAR account to be terminated, depending on the seriousness of the violation. HALKAR may, without notice, remove your HALKAR Spheres Pages if they are dormant for more than nine months.
The mission of HALKAR is to connect the world’s professionals to enable them to be more productive and successful. To achieve our Mission, we make services available through our website, mobile applications, and developer platform, to help you, your connections, and millions of other professionals connect, exchange ideas, learn, make deals, find opportunities or employees, work, and make decisions using our social network.
2. Scope and Intent.
You agree that by registering on HALKAR, or by using the our website, you are entering into a legally binding agreement with HALKAR Corporation, If you are using HALKAR on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us.
HALKAR PROFILE USER “DOS” and “DON’TS.”
As a condition to access HALKAR, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:
3. Do undertake the following:
4. Don’t undertake the following:
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorses any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will HALKAR Follow be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).This license is you authorizing us to make your Follow Messages available to the rest of the world and to let others do the same.
You agree that this license includes the right for HALKAR Follow to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with HALKAR Follow for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by HALKAR Follow, or other companies, organizations or individuals who partner with HALKAR Follow, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. HALKAR Follow will not be responsible or liable for any use of your Content by HALKAR Follow in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
HALKAR Follow gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by HALKAR Follow as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by HALKAR Follow, in the manner permitted by these Terms.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of HALKAR Follow and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the HALKAR Follow name or any of the HALKAR Follow trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding HALKAR Follow, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of HALKAR Follow, its users and the public.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, HALKAR Follow’s computer systems, or the technical delivery systems of HALKAR Follow’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by HALKAR Follow (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with HALKAR Follow (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the Twitter Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Twitter Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
HALKAR Follow respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, HALKAR Follow will also terminate a user’s account if the user is determined to be a repeat infringer.
By using HALKAR DRIVE you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.
You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with HALKAR and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
Your Stuff & Your Privacy
By using our Services you provide us with information, files, and folders that you submit to HALKAR (together, “your stuff”). You retain full ownership to your stuff. We don’t claim any ownership to any of it. These Terms do not grant us any rights to your stuff or intellectual property except for the limited rights that are needed to run the Services, as explained below.
We may need your permission to do things you ask us to do with your stuff, for example, hosting your files, or sharing them at your direction. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services, for example Amazon, which provides our storage space (again, only to provide the Services).
You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
We may choose to review public content for compliance with our community guidelines, but you acknowledge that HALKAR has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.
Sharing Your Stuff
The Services provide features that allow you to share your stuff with others or to make it public. There are many things that users may do with that stuff (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. HALKAR has no responsibility for that activity. You may also upload your content from HALKAR Drive to HALKAR Market for selling purposes and all HALKAR Market rules, terms. Conditions given above will apply on that uploaded content from the moment you upload it onto HALKAR Market.
Files and other content in the Services may be protected by intellectual property rights of others. Please don’t copy, upload, download, or share files unless you have the right to do so. You, not HALKAR, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.
You, and not HALKAR, are responsible for maintaining and protecting all of your stuff. HALKAR will not be liable for any loss or corruption of your stuff, or for any costs or expenses associated with backing up or restoring any of your stuff.
If your contact information or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13.
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify HALKAR of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to HALKAR, it is your responsibility to use a secure encrypted connection to communicate with the Services.
HALKAR Property and Feedback
These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you. The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use the HALKAR trademarks, logos, domain names, or other brand features.
HALKAR respects others’ intellectual property and asks that you do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Such notices should be reported using our DMCA Process. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers.
DMCA Notice of Alleged Infringement (“Notice”)
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
The Services may contain links to third-party websites or resources. HALKAR does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.
Though we’d much rather you stay, you can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.
HALKAR is Available “AS-IS”
Though we want to provide a great service, there are certain things about the service we can’t promise. For example: THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, and WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. (We are not shouting- it’s just that these disclaimers are really important, so we want to highlight them). HALKAR will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HALKAR, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT HALKAR HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO HALKAR FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
Miscellaneous Legal Terms
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY CALIFORNIA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF CALIFORNIA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and HALKAR with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. HALKAR’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but HALKAR may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. HALKAR and you are not legal partners or agents; instead, our relationship is that of independent contractors.
HALKAR Workspace is a communications platform for enabling the connection between individuals or organizations seeking to obtain task services and/or individuals and seeking to provide task services. You can assign any of your contacts a task who is also already added into your HALKAR spheres.
Workspace Only Provides a Venue
The Service a communications platform for enabling connections between Users.Workspace does not take part in the interaction between Users. Workspace does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any ratings provided by Users, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. Workspace does not have control over the quality, timing or legality of Tasks delivered by your contacts. Workspace makes no representations about the suitability, reliability, timeliness, or accuracy of the Tasks requested and provided by Users identified through the Service whether in public, private, or offline interactions. Workspace cannot confirm that each User is who they claim to be. Workspace does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Service.
When interacting with other Users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. HALKAR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. WORKSPACE AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.
Users of the Service contract for Tasks directly with other Users. Workspace will not be a party to any contracts for Tasks or services. Workspace facilitates these contracts by supplying a medium for the exchange of services. Payment of Tasks completed is a matter between Task assigner and assignee and HALKAR will not be liable or responsible for any task related payments.
Any HALKAR user can post the percentage of tasks completed through its Public Profile Page by allowing HALKAR to automatically publish the percentages of successfully completed tasks in order to get the following ratings as per your performance. HALKAR has no liability or responsibility if any task assignee fails to complete the tasks assigned by the Assigner after accepting the task. Both Task Assigner and Assignee are 100% fully responsible for their all actions and behavior. HALKAR reserve all rights to block any user if there is reported bad behavior or complaints against any task assigner or assignee.
100 % Tasks Completed= Champion Performer
80%-100% Tasks Completed=Good Performer
50%-80% Tasks Completed=Average Performer
0%-50% Tasks Completed=Poor Performer
The Service is only a venue for connecting Users. Because HALKAR is not involved in the actual contact between Users or in the completion of the Task, in the event that you have a dispute with one or more Users, you release HALKAR (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
HALKAR expressly disclaims any liability that may arise between Users of its Service.
You may only use workspace to send and receive messages and material that are relevant. Without limitation, you may not:
HALKAR will not be responsible for the action of other Users with respect to any information or materials posted in Workspace.
6. FEES AND PAYMENT FOR PURCHASED SERVICES
You shall pay all fees specified in all Order Forms hereunder. Except as otherwise specified herein or in an Order Form, (i) fees are based on services purchased and not actual usage, (ii) payment obligations are non-cancelable and fees paid are non-refundable, and (iii) the number of User subscriptions purchased cannot be decreased during the relevant subscription term stated on the Order Form. User subscription fees are based on monthly periods that begin on the subscription start date and each monthly anniversary thereof; therefore, fees for User subscriptions added in the middle of a monthly period will be charged for that full monthly period and the monthly periods remaining in the subscription term.
6.2. Invoicing and Payment.
You will provide Us with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to us. If you provide credit card information to Us, You authorize us to charge such credit card for all Services listed in the Order Form for the initial subscription term and any renewal subscription term(s). Such charges shall be made in advance, either annually or in accordance with any different billing frequency stated in the applicable Order Form.
6.3. Overdue Charges.
If any charges are not received from You by the due date, then at Our discretion, (a) such charges may accrue late interest at the rate of 2.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid, and/or (b) We may condition future subscription renewals and Order Forms on payment terms shorter than those previously specified.
6.4. Suspension of Service and Acceleration.
If any amount owing by You under this or any other agreement for Our services is 30 or more days overdue (or 10 or more days overdue in the case of amounts You have authorized Us to charge to Your credit card), We may, without limiting Our other rights and remedies, accelerate Your unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend Our services to You until such amounts are paid in full.
7. PROPRIETARY RIGHTS
7.1. Reservation of Rights in Services.
Subject to the limited rights expressly granted hereunder, we reserve all rights, title and interest in and to the Services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
You shall not (i) permit any third party to access the Services except as permitted herein or in an Order Form, (ii) create derivate works based on the Services except as authorized herein, (iii) copy, frame or mirror any part or content of the Services, other than copying or framing on Your own intranets or otherwise for Your own internal business purposes, (iv) reverse engineer the Services, or (v) access the Services in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Services.
7.3. Your Applications and Code.
If You, a third party acting on Your behalf, or a User creates applications or program code using the Services, You authorize Us to host, copy, transmit, display and adapt such applications and program code, solely as necessary for Us to provide the Services in accordance with this Agreement. Subject to the above, we acquire no right, title or interest from you or your licensors under this Agreement in or to such applications or program code, including any intellectual property rights therein.
7.4. Your Data.
Subject to the limited rights granted by you hereunder, we acquire no right, title or interest from you or your licensors under this Agreement in or to Your Data, including any intellectual property rights therein.
We shall have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback provided by you, including Users, relating to the operation of the Services.
8.1. Definition of Confidential Information.
As used herein, "Confidential Information" means all confidential information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information shall include Your Data; Our Confidential Information shall include the Services; and Confidential Information of each party shall include the terms and conditions of this Agreement and all Order Forms, as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information (other than Your Data) shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (IV) was independently developed by the Receiving Party.
8.2. Protection of Confidential Information.
The Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) (i) not to use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (ii) except as otherwise authorized by the Disclosing Party in writing, to limit access to Confidential Information of the Disclosing Party to those of its and its Affiliates’ employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein. Neither party shall disclose the terms of this Agreement or any Order Form to any third party other than its Affiliates and their legal counsel and accountants without the other party’s prior written consent.
8.3. Compelled Disclosure.
The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.
9. WARRANTIES AND DISCLAIMERS
9.1. Our Warranties.
We warrant that (i) We have validly entered into this Agreement and have the legal power to do so, (ii) the Services shall perform materially in accordance with the User Guide, (iii), the functionality of the Services will not be materially decreased during a subscription term, and (iv) We will not transmit Malicious Code to You, provided it is not a breach of this subpart (v) if You or a User uploads a file containing Malicious Code into the Services and later downloads that file containing Malicious Code.
9.2. Your Warranties.
warrant that you have validly entered into this Agreement and have the legal power to do so.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
10. MUTUAL INDEMNIFICATION
10.1. Indemnification by Us.
We shall defend You against any claim, demand, suit, or proceeding made or brought against You by a third party alleging that the use of the Services as permitted hereunder infringes or misappropriates the intellectual property rights of a third party (a "Claim Against You"), and shall indemnify You for any damages, attorney fees and costs finally awarded against You as a result of, and for amounts paid by You under a court-approved settlement of, a Claim Against You; provided that You (a) promptly give Us written notice of the Claim Against You; (b) give Us sole control of the defense and settlement of the Claim Against You (provided that We may not settle any Claim Against You unless the settlement unconditionally releases You of all liability); And (c) provide to us all reasonable assistance, at our expense. In the event of a Claim Against You, or if We reasonably believe the Services may infringe or misappropriate, We may in Our discretion and at no cost to You (i) modify the Services so that they no longer infringe or misappropriate, without breaching Our warranties under “Our Warranties” above, (ii) obtain a license for Your continued use of the Services in accordance with this Agreement, or (iii) terminate Your User subscriptions for such Services upon 30 days’ written notice and refund to You any prepaid fees covering the remainder of the term of such User subscriptions after the effective date of termination.
10.2. Indemnification by You.
You shall defend Us against any claim, demand, suit or proceeding made or brought against Us by a third party alleging that Your Data, or Your use of the Services in breach of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law (a "Claim Against Us"), and shall indemnify Us for any damages, attorney fees and costs finally awarded against Us as a result of, or for any amounts paid by Us under a court-approved settlement of, a Claim Against Us; provided that We (a) promptly give You written notice of the Claim Against Us; (b) give You sole control of the defense and settlement of the Claim Against Us (provided that You may not settle any Claim Against Us unless the settlement unconditionally releases Us of all liability); and (c) provide to You all reasonable assistance, at Your expense.
10.3. Exclusive Remedy.
This Mutual Indemnification states the indemnifying party’s sole liability to, and the indemnified party’s exclusive remedy against, the other party for any type of claim described in this Section.
11. LIMITATION OF LIABILITY
11.1. Limitation of Liability.
NEITHER PARTY'S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) SHALL EXCEED THE LESSER OF $100,000 OR THE AMOUNT PAID BY YOU HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER. THE FOREGOING SHALL NOT LIMIT YOUR PAYMENT OBLIGATIONS.
11.2. Exclusion of Consequential and Related Damages.
IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
12. TERM AND TERMINATION
12.1. Term of Agreement.
This Agreement commences on the date You accept it and continues until all User subscriptions granted in accordance with this Agreement have expired or been terminated.
12.2. Term of Purchased User Subscriptions.
User subscriptions purchased by you commence on the start date specified in the applicable Order Form and continue for the subscription term specified therein. Except as otherwise specified in the applicable Order Form, all User subscriptions shall automatically renew for additional periods equal to the expiring subscription term or one year (whichever is shorter), unless either party gives the other notice of non-renewal at least 30 days before the end of the relevant subscription term. The per-unit pricing during any such renewal term shall be the same as that during the prior term unless we have given You written notice of a pricing increase at least 60 days before the end of such prior term, in which case the pricing increase shall be effective upon renewal and thereafter.
12.3. Termination for Cause.
A party may terminate this Agreement for cause: (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
12.4. Refund or Payment upon Termination.
Upon any termination for cause by You, We shall refund you any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination. Upon any termination for cause by Us, You shall pay any unpaid fees covering the remainder of the term of all Order Forms after the effective date of termination. In no event shall any termination relieve you of the obligation to pay any fees payable to us for the period prior to the effective date of termination. You will have 30 days to export you files and data after the termination of your account.
13. GENERAL PROVISIONS
13.1. Export Compliance.
The Services, other technology we make available, and derivatives thereof may be subject to export laws and regulations of the United States of America.
You have not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any of our employees or agents in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. If you learn of any violation of the above restriction, you will use reasonable efforts to promptly notify Our Legal Department
13.3. Relationship of the Parties.
The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, and fiduciary or employment relationship between the parties.
13.4. No Third-Party Beneficiaries.
There are no third-party beneficiaries to this Agreement.
No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
13.7. Attorney Fees.
You shall pay on demand all of our reasonable attorney fees and other costs incurred by us to collect any fees or charges due us under this Agreement following your breach of Invoicing and Payment.
Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign this Agreement in its entirety (including all Order Forms), without consent of the other party, to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party’s sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party’s election, termination of this Agreement upon written notice to the assigning party. In the event of such a termination, we shall refund to you any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
13.9. Entire Agreement.
This Agreement, including all exhibits and addenda hereto and all Order Forms, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted. However, to the extent of any conflict or inconsistency between the provisions in the body of this Agreement and any exhibit or addendum hereto or any Order Form, the terms of such exhibit, addendum or Order Form shall prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in your purchase order or other order documentation (excluding Order Forms) shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void.
There are many different ways you can use our services – to search for and share information, to communicate with other people or to create new content. When you share information with us, for example by creating a HALKAR Account, we can make those services even better – to show you more relevant ads, to help you connect with right people or to make sharing data/information with others quicker and easier. As you use our services, we want you to be clear how we’re using information and the ways in which you can protect your privacy.
What information we collect and why we collect it. How we use that information. The choices we offer, including how to access and update information. We’ve tried to keep it as simple as possible, but if you’re not familiar with terms like cookies, IP addresses and browsers, then read about these key terms first. Your privacy matters to HALKAR so whether you are new to HALKAR or a long-time user, please do take the time to get to know our practices – and if you have any questions contact us.
Information we collect
We collect information to provide better services to all of our users – from figuring out basic stuff like which language you speak, to more complex things like which ads you’ll find most useful or the people who matter most to you online.
We collect information in two ways
Information you give us. For example, many of our services require you to sign up for a HALKAR Account. When you do, we’ll ask for personal and business information, like your name, email address, telephone number or credit card. If you want to take full advantage of the sharing features we offer, we might also ask you to create a publicly visible HALKAR Profile, which may include your name, photo, CV, resume and your past work experiences.
Information we get from your use of our services. We may collect information about the services that you use and how you use them, like when you visit a website that uses our advertising services or you view and interact with our ads and content. This information includes:
We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). HALKAR may associate your device identifiers or phone number with your HALKAR Account.
When you use our services or view content provided by HALKAR, we may automatically collect and store certain information in server logs.
This may include:
Details of how you used our service, such as different Business Apps, Internet protocol address,Device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL.Cookies that may uniquely identify your browser or your HALKAR Account.
When you use a location-enabled HALKAR service, we may collect and process information about your actual location, like GPS signals sent by a mobile device. We may also use various technologies to determine location, such as sensor data from your device that may, for example, provide information on nearby Wi-Fi access points and cell towers.
We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.
Cookies and anonymous identifiers
How we use information we collect
We use the information we collect from all of our services to provide, maintain, protect and improve them, to develop new ones, and to protect HALKAR and our users. We also use this information to offer you tailored content – like giving you more relevant recommendations and ads.
We use the name you provide for your HALKAR Profile across all of the services we offer that require a HALKAR Account. In addition, we may replace past names associated with your HALKAR Account so that you are represented consistently across all our services. If other users already have your email, or other information that identifies you, we may show them your publicly visible HALKAR Profile information, such as your name and photo.
When you contact HALKAR, we may keep a record of your communication to help solve any issues you might be facing. We may use your email address to inform you about our services, such as letting you know about upcoming changes or improvements.
We use information collected from cookies and other technologies to improve your user experience and the overall quality of our services. For example, by saving your language preferences, we’ll be able to have our services appear in the language you prefer. When showing you tailored ads, we will not associate a cookie or anonymous identifier with sensitive categories, such as those based on race, religion, sexual orientation or health.
HALKAR processes personal information on our servers in many countries around the world. We may process your personal information on a server located outside the country where you live.
Transparency and choice
Whenever you use our services, we aim to provide you with access to your personal information. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request.
We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes).
Where we can provide information access and correction, we will do so for free, except where it would require a disproportionate effort. We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.
Information we share
We do not share personal information with companies, organizations and individuals outside of HALKAR unless one of the following circumstances applies:
With your consent
We will share personal information with companies, organizations or individuals outside of HALKAR when we have your consent to do so. We require opt-in consent for the sharing of any sensitive personal information.
With Power Users
If your HALKAR Account is managed for you by a Power User (for example, for HALKAR Apps users) then your Power User and resellers who provide support to your organization will have access to your HALKAR Account information (including your email and other data).
Your Power User may be able to:
View statistics regarding your account, like statistics regarding applications you install.
Change your account password.
Suspend or terminate your account access.
Access or retain information stored as part of your account.
Receive your account information in order to satisfy applicable law, regulation, legal process or enforceable governmental request.
Restrict your ability to delete or edit information or privacy settings.
For external processing
For legal reasons
We will share personal information with companies, organizations or individuals outside of HALKAR if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
Meet any applicable law, regulation, legal process or enforceable governmental request.
Enforce applicable Terms of Service, including investigation of potential violations.
Detect, prevent, or otherwise address fraud, security or technical issues.
Protect against harm to the rights, property or safety of HALKAR, our users or the public as required or permitted by law.
We may share aggregated, non-personally identifiable information publicly and with our partners – like publishers, advertisers or connected sites. For example, we may share information publicly to show trends about the general use of our services.
We work hard to protect HALKAR and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular: We encrypt many of our services using SSL. We offer you two-step verification when you access your HALKAR Account.
We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems. We restrict access to personal information to HALKAR employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
15. TERMS OF SERVICE
Thanks for using our products and services (“Services”). The Services are provided by HALKAR Inc. (“HALKAR”), located at 1106 Second Street # 518 Encinitas, CA 92024. By using our Services, you are agreeing to all terms mentioned above and below. Please read them carefully.
Using our Services
You must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not HALKAR’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Your HALKAR Account
You will need a HALKAR Account in order to use all of our Services. You may create your own HALKAR Account, or your HALKAR Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a HALKAR Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
HALKAR’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that HALKAR can use such data in accordance with our privacy policies.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and HALKAR’s policy about responding to notices in our Help Center.
Your Content in our Services
Some of our Services allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload or otherwise submit content to our Services, you give HALKAR (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time, although we’ll be sorry to see you go. HALKAR may also stop providing Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
Other than as expressly set out in these terms or additional terms, neither HALKAR nor its suppliers or distributors make any specific promises about the Services. For example, we don’t make any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We provide the Services “as is”.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
Liability for our Services
When permitted by law HALKAR, and HALKAR’s suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
To the extent permitted by law, the total liability of HALKAR, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supplying you the Services again).
In all cases, HALKAR, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable
We recognize that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify HALKAR and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
These terms control the relationship between HALKAR and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.
The courts in some countries will not apply California law to some types of disputes. If you reside in one of those countries, then where California law is excluded from applying, your country’s laws will apply to such disputes related to these terms. Otherwise, you agree that the laws of California, U.S.A., excluding California’s choice of law rules, will apply to any disputes arising out of or relating to these terms or the Services. Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in California, U.S.A., then your local jurisdiction and venue will apply to such disputes related to these terms. Otherwise, all claims arising out of or relating to these terms or the services will be litigated exclusively in the federal or state courts of California, USA, and you and HALKAR consent to personal jurisdiction in those courts.
In order to contact us, you can always send an email to firstname.lastname@example.org