This page contains the User Agreement (“Agreement“) between you and us (Owner / administrator / moderators of Kashmiri Overseas Association (KOA), Inc. website). You may wish to print this page for reference.
This Agreement sets forth the terms and conditions for your use of KOA, Inc. website. Your use of KOA, Inc. website constitutes your agreement to these terms and conditions.
The KOA, Inc. websites/forums provide a medium of interaction and communication between various users to share and exchange their opinions on a wide variety of topics. It is important that you (referred as you or user interchangeably throughout this section) read and understand the terms and conditions set forth in this section. It is understood that by using these sections you agree to abide by the terms and conditions set forth in this section. The interactive services are provided as a platform for interaction and exchange of ideas amongst the users. The views and opinions submitted by the users not necessarily reflect the views or opinions of neither KOA, Inc. website team, any of its associates nor its staff. The submitter of any item to the interaction section shall be solely responsible for the content he submits. It is solely at the user’s own risk, discretion and responsibility that he may use this service. The KOA, Inc. website team, any of our associates and its staff (referred sometimes as we hereafter) assume no involvement in any disputes, controversies, damages or misunderstandings arising due to the information exchanged between users using this service. We are not involved in any transaction/agreement between the users who use the forums. If there is a dispute between participants on this site/forum, we are under no obligation to become involved.
The information presented throughout the site regarding is not guaranteed to be up to date or precise. It is solely up to the user to verify the correctness of this information. We assume no involvement in any disputes, damages or inconveniences arising due to the usage of information in this site. We disclaim any responsibility in any damage material or mental caused in any matter whatsoever due to the usage of any of our information in any way.
- Your Rights.
We grant you a non-exclusive, non-transferable, limited right to access, use and display KOA, Inc. website and the materials provided hereon, and to download or print content displayed on KOA, Inc. website provided that you comply fully with this Agreement. The contents of KOA, Inc. website are only for your personal, non-commercial use. You agree not to interrupt, or attempt to interrupt, the operation of KOA, Inc. website or any part of it in any way.
- Service Charges and Payment.
Subscription to KOA, Inc. website is free, upon acceptance of our Agreement. You may cancel your subscription to KOA, Inc. website at any time. You are responsible for all charges associated with connecting to KOA, Inc. website, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access KOA, Inc. website
For purposes of subscription to KOA, Inc. website, you agree to provide us with accurate, complete, and updated information required. Subscription Data may include your name, address, telephone number(s), email address and any other applicable information. Failure to comply with this provision (including without limitation falsification of any Subscription Data) may, at our discretion, result in immediate suspension or termination of your right to use KOA, Inc. website
You agree to promptly update your Subscription Data by notifying the owner of these forums in the event of any known change in Subscription Data, or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. In the event of a breach of security on your part, you will remain liable for any unauthorized use of your subscription until you update your Registration Data.
- Copyright and Trademarks.
All materials on KOA, Inc. website, including without limitation text, images, software, audio and video clips, databases, user product reviews and ratings, and other services and products (collectively, the “Content”) are owned or controlled by us or the party credited as the provider of the Content. The respective owner retains all right, title, and interest in and to its Content.You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit KOA, Inc. website or any portion thereof, including without limitation our product reviews and ratings and those product reviews and ratings posted by other subscribers, for any public and/or commercial use without our prior written permission.You agree not to use any trademarks, service marks, names, logos, or other identifiers of KOA, Inc. website is without our prior written permission.
- Forums and Communications; License.
We may make available to users of KOA, Inc. website e-mail notices, newsletters, chat rooms, message boards, bulletin board services, user product reviews and ratings tools, or other interactive communication facilities by means of KOA, Inc. website (such facilities collectively referred to herein as the “Forums”). You are solely responsible for the content of any transmissions you make to KOA, Inc. website or any materials you add to KOA, Inc. website, including to any Forum (the “Communications”). We do not endorse or accept any Communication as their own or representative of their views. By transmitting any public Communication to KOA, Inc. website, you grant us an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all media now known or later developed. You warrant that you have the right to grant these rights to us. You hereby waive all rights generally known as “moral rights” in your Communications (including your Reviews), to the extent they can be waived, under any existing or future law of any jurisdiction.
- Public Communications.
You acknowledge and agree that any Communications made to or by means of KOA, Inc. website are public. You acknowledge that you have no expectation of privacy in any public Communication and no confidential, fiduciary, contractually implied or other relationship is created between you and us by reason of your transmitting a public Communication on KOA, Inc. website
- Communicating on or to KOA, Inc. website
We cannot review all Communications made on or through KOA, Inc. website However, we reserves the right, but has no obligation, to monitor the Forums and edit, modify or delete any Communications (or portions thereof) which we in our sole discretion deem inappropriate, offensive or contrary to any of our policy, or that violate this Agreement
To help us maintain a safe and civil environment, you agree not to upload or distribute to, or otherwise publish through KOA, Inc. website any Communication which
- is for commercial purposes or otherwise advertises or solicits for the sale of goods or services;
- is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;
- constitutes or contains false or misleading indications of origin or statements of fact;
- slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
- causes injury of any kind to any person or entity;
- infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;
- violates any applicable laws, rules, or regulations;
- contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- impersonates another person or entity, or that collects or uses any information about Site visitors.
You further acknowledge that conduct prohibited in connection with your use of the Forums includes, but is not limited to, breaching or attempting to breach the security of KOA, Inc. website
- Unsolicited E-Mail.
You agree not to use any other area of KOA, Inc. website to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service which in any way involves the use of KOA, Inc. website or any equipment owned or operated by us in connection with KOA, Inc. website A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s e-mail address accessible to the public shall not constitute a request or invitation to receive messages.
- Notice of Copyright Infringement
We intend that all content provided on KOA, Inc. website respect the copyright and other proprietary rights of third parties. When members post content on KOA, Inc. website, of course, we are unable to monitor the copyright ownership of all posted content. If at any time you believe that any content on KOA, Inc. website infringes your copyrighted material, then you may request the content be removed from KOA, Inc. website in accordance with the Copyright Act, 17 U.S.C. 512(c)(3), and procedures described below.
You must send a notice that complies with the Copyright Act, 17 U.S.C. §512(c)(3) (“Notice”) to us:
To comply with the Copyright Act, your Notice must be in writing and must include:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- 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;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement 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
- 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 owner of an exclusive right that is allegedly infringed.
When we receive a Notice that complies with the Copyright Act, we will remove the identified material promptly. We will promptly take reasonable steps to inform the user who posted the allegedly infringing material (the “alleged infringer”) of the Notice and subsequent removal. The alleged infringer may then provide us with a counter-notice (“Counter-Notice”) that the initial infringement notice was erroneous. Such Counter-Notice must be in writing and must include:
- A physical or electronic signature of the alleged infringer;
- Identification of the material removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the alleged infringer has a good-faith belief that the material was removed or access to it disabled as a result of error;
- The alleged infringer’s name, address, and telephone number; and
- A statement of consent to jurisdiction in federal district court and that the alleged infringer consents to service of process from the complaining party or its agent.
Upon receipt of a Counter-Notice, we will notify you of the Counter-Notice and restore the material within 10 to 14 business days of receipt of the Counter-Notice unless you inform us that you have filed an action seeking a court order to restrain the allegedly infringing party from engaging in infringing activity relating to the material on KOA, Inc. website
- Information Provided
You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through KOA, Inc. website, including the Reviews, is at your sole risk. We reserve the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of KOA, Inc. website, or to deny access to KOA, Inc. website to anyone acting in violation of this User Agreement at any time. You acknowledge and agree that we are not responsible for any materials posted by users of KOA, Inc. website prior to purchasing any third-party products or services described on KOA, Inc. website, you are advised to verify pricing and other information. Neither we nor our Affiliates shall have any liability arising from your purchases of third-party goods or services based upon the information provided on KOA, Inc. website.
- No-Commercial Use Policy.
You agree to use KOA, Inc. website, and products and services you purchase through our sites and forums only in a noncommercial manner and in compliance with our No-Commercial Use Policy. You specifically agree not to post, transmit or otherwise distribute to KOA, Inc. website (including without limitation to any Forum) any material containing any solicitation of funds, advertising or solicitation for goods or services. We encourage you to report any apparent violation to us.
- Links to Other Sites.
- Age Restrictions
You represent and warrant to us that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use KOA, Inc. website in accordance with this Agreement.
- Financial Responsibility
You agree not to assign, or transfer your rights as a subscriber to KOA, Inc. website You agree to be financially responsible for all usage or activity on your account.
You hereby agree to indemnify, defend and hold us harmless from and against any and all liability and costs incurred by us in connection with any claim arising out of any breach or alleged breach of any of your representations, warranties or obligations set forth in this Agreement. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.
- DISCLAIMER OF WARRANTY
KOA, INC. WEBSITE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE KOA, INC. WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. KOA, INC. WEBSITE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
- LIMITATION OF LIABILITY.
USE OF KOA, INC. WEBSITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF KOA, INC. WEBSITE.
IN NO EVENT SHALL KOA, INC. WEBSITE AND ITS ADMINISTRATOR/MODERATORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF KOA, INC. WEBSITES/FORUMS, WITH THE DELAY OR INABILITY TO USE THE KOA, INC. WEBSITE/FORUMS OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE KOA, INC. WEBSITES/FORUMS, OR OTHERWISE ARISING OUT OF THE USE OF KOA, INC. WEBSITE/FORUMS, WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KOA, INC. WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
In addition to any other rights of the parties set forth herein, we may cancel or terminate this Agreement at any time. We also reserve the right to restrict, suspend or terminate your access to KOA, Inc. website in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement. If we terminate this Agreement (and therefore your access to KOA, Inc. website) based on a breach of any portion of this Agreement, we reserve the right to refuse to provide access to KOA, Inc. website to you in the future.
(a) To the Agreement.
We have the right to modify this Agreement and any policies affecting KOA, Inc. website, including without limitation the No-Commercial Use Policy. Any modification is effective immediately upon posting to KOA, Inc. website or distribution to you via electronic mail or conventional mail. Your continued use of KOA, Inc. website following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any of our policies or practices of providing KOA, Inc. website, including without limitation, any change in the Content is to cancel your subscription in accordance with instructions provided in Section 2 above.
(b) To KOA, Inc. website
We have the right to modify, suspend or discontinue KOA, Inc. website or any portion thereof at any time, including the availability of any area of KOA, Inc. website. We may also impose limits on certain features and services or restrict your access to parts or all of KOA, Inc. website without notice or liability.
This Agreement constitutes the entire agreement between you and us with respect to KOA, Inc. website and to your subscription to KOA, Inc. website, if applicable, and supersedes all prior agreements between you and us. Failure by us to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this Agreement shall be governed by the US laws. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
Last updated on August 1, 2014.
Subscribing for KOA, Inc. website or otherwise using KOA, Inc. website indicates your agreement to the terms and conditions set forth above.