Terms and Conditions
for khmerlish.com, all it’s sub domains, and paths. ex: learn.khmerlish.com business.khmerlish.com
AI & Data Mining Prohibition — Enhanced Legal Version
Last Updated: Aug 9th, 2025
Preamble & Rationale
The content, data, and intellectual property hosted on this website (“Site”) are the result of substantial investment, creativity, research, and development by Khmerlish (Raksa Lim , “Owner”). Unauthorized automated collection or reproduction of this material — whether for commercial, academic, research, or machine learning purposes — causes significant and irreparable harm, including but not limited to:
Economic loss from unauthorized commercial use;
Erosion of competitive advantage;
Intellectual property theft;
Dilution of brand identity;
Exposure to privacy and security risks;
Permanent incorporation of content into AI models that cannot be removed.
Given the unique and non-replicable nature of this material, such harm is difficult or impossible to fully quantify.
1. Prohibition on Automated Data Collection
You are strictly prohibited from, whether directly or indirectly:
1.1 Accessing, copying, scraping, mining, harvesting, or otherwise collecting any data, text, images, videos, audio, code, metadata, or any other material from this website, whether manually or via automated tools, bots, crawlers, scripts, scrapers, AI agents, or similar technologies, without prior written consent from Khmerlish or Raksa Lim.
1.2 Using any portion of this website or its content for the purpose of:
Training, fine-tuning, or otherwise contributing to artificial intelligence models, machine learning algorithms, neural networks, or large language models (including but not limited to OpenAI, Anthropic, Google DeepMind, Meta AI, Mistral, xAI, or other entities of the like).
Creating, compiling, or contributing to datasets, whether for commercial, research, or non-commercial purposes.
Developing or improving search engines, recommendation systems, or automated decision-making systems.
Reverse-engineering or attempting to derive source code, algorithms, or technical architecture from the site or its systems.
2. Scope of Prohibited Use
2.1 This prohibition applies regardless of intent, scale, or purpose, and includes:
Crawling for indexing purposes outside standard search engine guidelines.
Mass downloading of content.
Capturing screenshots, screen scraping, or automated extraction of structured or unstructured data.
Capturing embedded metadata or hidden elements.
Accessing APIs (public or private) without express written authorization.
3. Ownership of Content
All material on this website is the exclusive intellectual property of [Your Business Name] and is protected under U.S. and international copyright, database rights, and other intellectual property laws. No license or rights are granted to any person, entity, or AI system except as expressly stated in writing by Khmerlish or Raksa Lim.
4. Penalties for Violation
4.1 Liquidated Damages: By accessing this site, you agree that unauthorized scraping, data mining, or use of content as described above causes substantial harm to [Your Business Name] that is difficult to quantify. Therefore, you agree that for each provable instance of violation, you shall be liable to Khmerlish or Raksa Lim for the greater of:
The maximum financial penalty permitted under applicable law, OR
USD $1,000,000 (One Million United States Dollars) per instance
4.2 Definition of Instance: Each individual page, image, video, file, or dataset accessed, copied, or used in violation of these terms shall constitute a separate “instance” for the purposes of calculating damages.
4.3 Additional Remedies: [Your Business Name] reserves the right to seek:
Injunctive relief to immediately stop the violation.
Recovery of legal fees and costs associated with enforcement.
Referral to law enforcement where applicable.
5. Jurisdiction and Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Virginia, United States of America, without regard to its conflict of law provisions. Any disputes shall be brought exclusively in the state or federal courts located in Richmond, Virginia, and you consent to personal jurisdiction therein.
6. Indemnification
You agree to defend, indemnify, and hold harmless [Your Business Name], its officers, directors, employees, contractors, and affiliates from and against all claims, damages, liabilities, costs, and expenses (including attorneys’ fees) arising from your violation of these Terms, including but not limited to unauthorized data mining, scraping, or AI training use.
7. Acknowledgement of Binding Agreement
By accessing or using this website in any manner, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree, you must immediately cease all use of the site and its contents.
8. Reservation of Rights
[Your Business Name] reserves the right to modify these Terms at any time without prior notice. Continued use of the site constitutes acceptance of any updated Terms.
💡 Important Note:
Liquidated damages clauses like the $1M per instance must be reasonable and defensible under law to be enforceable. Courts may strike down “penalty” clauses that are purely punitive rather than a good-faith estimate of damages. We can strengthen enforceability by explaining the rationale — e.g., stating that misuse could result in loss of revenue, brand damage, and legal exposure in ways that are costly to remedy.
You should post this prominently (footer link + before sign-up) and require explicit consent for maximum enforceability.Ï