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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:
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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;
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harm minors in any way;
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impersonate any person or entity;
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forge headers or otherwise manipulate identifiers in
order to disguise the origin of any Content transmitted through the
Service;
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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);
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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;
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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;
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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:
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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.
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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.
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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.
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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.
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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. |