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KPandit Yahoogroup Terms of Service (TOS)

1. ACCEPTANCE OF TERMS
Welcome to KPandit Yahoogroup, an online discussion group, hosted by Yahoogroup. This service is provided to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.kashmiri-pandit.org/kpandit/terms.php. You shall be subject to any posted guidelines or rules applicable to the services provided by this discussion group.

2. DESCRIPTION OF SERVICE
KPandit Yahoogroup provides users with access to a rich collection of resources via a discussion forum. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for KPandit Yahoogroup to provide the Service. You also understand and agree that the Service may include certain communications from KPandit Yahoogroup such as service announcements, and administrative messages, and that these communications are considered part of KPandit Yahoogroup membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current service shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that KPandit Yahoogroup assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

You must be at least 18 years of age to subscribe to and use this service.

3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's subscription form (such information being the "Subscription Data") and (b) maintain and promptly update the Subscription Data to keep it true, accurate, current and complete, by informing the KPandit Yahoogroup Owner by sending an email to KPandit-owner@yahoogroups.com. If you provide any information that is untrue, inaccurate, not current or incomplete, or KPandit Yahoogroup has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, KPandit Yahoogroup has the right to suspend or terminate your subscription and refuse any and all current or future use of the Service (or any portion thereof).

4. KPandit Yahoogroup PRIVACY POLICY
Since this service is hosted by Yahoo!, Yahoo!’s Privacy Policy is in effect. Yahoo!’s Privacy Policy is available at their site http://www.yahoo.com. The Subscription Data that you must provide at the time of subscription to this service, will not be shared with anyone except if required under Yahoo!’s Privacy Policy.

5. MEMBER ACCESS
You will access this service using the email id that you have provided at the time of subscription. You are fully responsible for all activities that occur under your email id.

6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not KPandit Yahoogroup, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. KPandit Yahoogroup does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will KPandit Yahoogroup, its owners and moderators be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for 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 Service.

You agree to not use the Service to:

  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, or invasive of another's privacy;

  2. harm minors in any way;

  3. impersonate any person or entity;

  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

  5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

  7. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  8. collect or store personal data about other users.

You acknowledge that KPandit Yahoogroup may or may not pre-screen Content, but that KPandit Yahoogroup and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or delete any Content that is available via this Service. Without limiting the foregoing, KPandit Yahoogroup and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by KPandit Yahoogroup or submitted to KPandit Yahoogroup.

You acknowledge, consent and agree that KPandit Yahoogroup may access, preserve, and disclose your subscription information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of KPandit Yahoogroup, its owners, its moderators and its members.

The members' conduct will be monitored and enforced by the moderators as explained in Code of Conduct Rules.

7. INDEMNITY
You agree to indemnify and hold KPandit Yahoogroup, and its owners and moderators, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

8. GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that KPandit Yahoogroup has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that KPandit Yahoogroup reserves the right to remove members whose accounts are in Inactive mode and/or in Bounced category for an extended period of time. You further acknowledge that KPandit Yahoogroup reserves the right to modify these general practices and limits from time to time.

9. MODIFICATIONS TO SERVICE
KPandit Yahoogroup reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that KPandit Yahoogroup shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

10. TERMINATION
You agree that KPandit Yahoogroup may, under certain circumstances and without prior notice, immediately terminate your subscription and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated unsubscriptions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your subscription includes (a) removal of access to all offerings within the Service and (b) barring further use of the Service. Further, you agree that all terminations for cause shall be made in KPandit Yahoogroup’s sole discretion and that KPandit Yahoogroup shall not be liable to you or any third-party for any termination of your subscription, or access to the Service.

11. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that KPandit Yahoogroup shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

12. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because KPandit Yahoogroup has no control over such sites and resources, you acknowledge and agree that KPandit Yahoogroup is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that KPandit Yahoogroup, its owners and moderators, shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KPANDIT YAHOOGROUP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

  2. KPANDIT YAHOOGROUP MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KPANDIT YAHOOGROUP OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

  5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KPANDIT YAHOOGROUP, ITS OWNERS AND MODERATORS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KPANDIT YAHOOGROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY OR SUBSCRIBER ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

15. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 14 and 15 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. KPandit Yahoogroup and its owners and moderators shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

16. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.

17. NOTICE
KPandit Yahoogroup may provide you with notices, including those regarding changes to the TOS, by either email, or postings on the Service.

18. GENERAL INFORMATION
Entire Agreement.
The TOS constitute the entire agreement between you and KPandit Yahoogroup and govern your use of the Service, superceding any prior agreements between you and KPandit Yahoogroup.

Waiver and Severability of Terms. The failure of KPandit Yahoogroup to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your KPandit Yahoogroup subscription is non-transferable.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within six (6) months after such claim or cause of action arose or be forever barred. 

The section titles in the TOS are for convenience only and have no legal or contractual effect.

19. VIOLATIONS
Please report any violations of the TOS to KPandit-owner@yahoogroups.com.

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