Welcome to Bayan family and thank you for your interest in our products and services. You are about to start using Bayan products and services which are provided by Bayan Rahbord Group Inc. in the following document, Bayan Rahbord Group Inc. which also holds the registered trademark of “Bayan” may be referred to as “we” “us,” “our,” and “Bayan”.
By using our Services, you are agreeing to these Terms of Service (“ToS”, or “Agreement”).
Acceptance of Terms
Our Services are very diverse, so sometimes additional terms or product requirements may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. You agree that by registering on Bayan or by using our websites or products, including our mobile applications, developer platforms, premium services, or any content or information provided as part of the Bayan services and products, you are entering into a legally binding agreement with Bayan, whether as a registered member on Bayan.ir, or other domains and Services, as applicable (“Member”), or unregistered user (“Visitor”). If you are using Bayan 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. If you do not agree with this Agreement, do NOT register. If you do not agree with this Agreement you also should not access, view, download or otherwise use any Bayan webpage, content, information or services. By clicking “Join Now”, “Join Bayan”, “Sign Up”, “Register”, “Submit” or similar, or by using any Service, you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions.
Your Bayan Account
You may need a Bayan Account in order to use some of our Services. Bayan Account (“Bayan ID”, or “ID”) is a service that lets you sign in to Bayan products, web sites and services. You may create your own Bayan Account, or your ID may be assigned to you by an administrator, such as your employer or educational institution. If you are using a Bayan 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. If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. Try not to reuse your Bayan Account password on third-party applications. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Bayan immediately of any unauthorized use of your account or any other breach of security. Bayan will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Bayan or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. It is your responsibility to keep your Bayan profile information accurate and updated.
Privacy and Protection of Personal Information
When it comes to privacy we are very strict. We appreciate your trust and your privacy is very important to us. By visiting Bayan Services, you are accepting the practices described in this Privacy Notice:
- When you create a Bayan account, we ask you to provide certain information. When you sign in to a site or service using your Bayan account, we collect certain information in order to verify your identity on behalf of the site or service, to protect you from malicious account usage and to protect the efficiency and security of the Bayan account service.
- Information about our customers is an important part of our business, and we are not in the business of selling it to others.
- We also may use the information to communicate with you, for example, informing you about your account and updates.
- When you contact our customer support, we collect information that helps us categorize your question, respond to it, and, if applicable, investigate any breach of our User Agreement or this Privacy Notice. We also use this information to track potential problems and trends and customize our support responses to better serve you.
- You can stop the delivery of future promotional emails if any from Bayan sites and services by following the specific instructions in the email you receive.
- As a Member, you have certain obligations to other Members. Some of these obligations are imposed by applicable law and regulations and others have become commonplace in Bayan community.
Using our Services
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 Bayan’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. Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
No Unlawful or Prohibited Use
You must follow any policies and terms 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. As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Bayan server, or the network(s) connected to any Bayan server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Bayan server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
All content included in or made available through any Bayan service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Bayan or its content suppliers and protected by firstly Islamic republic of Iran (Iran) and secondly by international copyright laws. The compilation of all content included in or made available through any Bayan service is the exclusive property of Bayan and protected by Iran and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Bayan service are trademarks or trade dress of Bayan in the Iran and other countries. Bayan's trademarks and trade dress may not be used in connection with any product or service that is not Bayan's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bayan. All other trademarks not owned by Bayan that appear in any Bayan service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bayan.
One or more patents owned by Bayan apply to the Bayan services and to the features and services accessible via the Bayan services. Portions of the Bayan services operate under license of one or more patents.
License and Access
Subject to your compliance with these ToS and your payment of any applicable fees, Bayan or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Bayan Services. This license does not include any resale or commercial use of any Bayan Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Bayan Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement or any Service Terms are reserved and retained by Bayan or its licensors, suppliers, publishers, rightsholders, or other content providers. No Bayan Service, nor any part of any Bayan Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Bayan. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Bayan without express written consent. You may not use any meta tags or any other "hidden text" utilizing Bayan's name or trademarks without the express written consent of Bayan. You may not misuse the Bayan Services. You may use the Bayan Services only as permitted by law. The licenses granted by Bayan terminate if you do not comply with this Agreement or any Service Terms.
Your Content in our Services
Members or Visitors may submit posts, reviews, comments, photos, videos, sounds, and other content; send sms, mms, email, private massages, or other similar formats and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Bayan reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Bayan a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Bayan and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Bayan for all claims resulting from content you supply. Bayan has the right but not the obligation to monitor and edit or remove any activity or content. Bayan takes no responsibility and assumes no liability for any content posted by you or any third party. Some of our 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. Our analysis may occur as the content is sent and received, and when it is stored and served. If you have a Bayan Account, we may display your Profile name, Profile photo, and actions you take on Bayan or on third-party applications connected to your Bayan in our Services. We will respect the choices you make to limit sharing or visibility settings in your Bayan Account. If you submit feedback or suggestions about our Services, we have the right to use your feedback or suggestions without obligation to you.
Software in our Services
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings. Bayan gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Bayan 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 Bayan, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Modifying and Terminating our Services
We are constantly changing and improving our Services and products. We may add or remove functionalities or features, or limits to them at any time. And we may suspend or stop one or all of them at any time. Bayan may also limit or stop providing Services to specific users including you. If we discontinue a Service or product, where reasonably possible, we will try to (but are not obligated to) give you reasonable advance notice and a chance to get information out of that Service.
Links to Third Party Sites
the links in our websites or products or services may let you leave Bayan environment. the linked sites are not under the control of Bayan and Bayan is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Bayan is not responsible for webcasting or any other form of transmission received from any linked site.
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, Bayan 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”. to the extent permitted by any law, we exclude all warranties.
Liability for our Services
Bayan 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 any law, the total liability of Bayan 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, Bayan will not be liable for any loss or damage. In no event shall Bayan be liable for any damages to users arising out of or in connection with the use or performance or availability or failure of our software, services and products.
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 Bayan 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
Bayan reserves the right to update, modify and change the ToS at any time without notice to you. You should look at the terms regularly. Any changes made to ToS will be effective immediately. If you do not like the modified terms, you should discontinue your use. These terms control the relationship between Bayan 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 laws of Islamic Republic of Iran, will apply to any disputes arising out of or relating to these terms or the Services.
Last updated: August 11, 2014