Terms & Conditions
[Subject to revision by
Kayastha from time to time.]
[Applicable for Services
provided by Kayastha.org and associated websites.]
Welcome to Kayastha.org, the
Matrimonial Services Provider. In order to access the Kayastha.org("Site"),
you must register as a member of the Site ("Member") and agree to be
bound by these Terms of Use ("Agreement"). If you wish to become a
Member and communicate with other Members and make use of the
Kayastha.org service ("Service"), read these Terms of Use and
follow the instructions in the Registration process. This Agreement
sets out the legally binding terms for your membership. This Agreement
may be modified by Kayastha.org from time to time, effective
upon notice to you as a Member.
Eligibility. You
must be of legal marriageable age or over as per the laws of the
country you reside in, to register as a member of Kayastha.org
or use this Site. Membership in the Service is void where prohibited.
By using this Site, you represent and warrant that you have the right,
authority, and capacity to enter into this Agreement and to abide by
all of the terms and conditions of this Agreement.
Term. This Agreement
will remain in full force and effect while you use the Site and/or are
a Member of Kayastha.org. You may terminate your membership at
any time, for any reason by writing Kayastha.org.
Kayastha.org may terminate your access to the Site and/or your
membership for any reason effective upon sending notice to you at the
email address you provide in your application for membership or such
other email address as you may later provide to Kayastha.org.
If Kayastha.org terminates your membership in the
Kayastha.org Service because you have breached the Agreement, you
will not be entitled to any refund of any unused Subscription fees.
Even after this Agreement is terminated, certain provisions will
remain in effect including sections 4,5,7,9 -14, inclusive, of this
Agreement.
Non-Commercial Use by
Members. The Kayastha.org Site is for the personal use
of individual members only, and may not be used in connection with any
commercial endeavors. This includes providing links to other websites,
whether deemed competitive to Kayastha.org or otherwise.
Organizations, companies, and/or businesses may not become Members of
Kayastha.org and should not use the Kayastha.org Service
or Site for any purpose. Illegal and/or unauthorized uses of the Site,
including unauthorized framing of or linking to the Site will be
investigated, and appropriate legal action will be taken, including
without limitation, civil, criminal, and injunctive redress.
Other Terms of Use by
Members.
You may not engage in advertising to,
or solicitation of, other Members to buy or sell any products or
services through the Service. You will not transmit any chain letters
or junk email to other Kayastha.org Members. Although
Kayastha.org cannot monitor the conduct of its Members off the
Kayastha.org Site, it is also a violation of these rules to use
any information obtained from the Service in order to harass, abuse,
or harm another person, or in order to contact, advertise to, solicit,
or sell to any Member without their prior explicit consent. In order
to protect Kayastha.org and/or our Members from any abuse /
misuse, Kayastha.org reserves the right to restrict the number
of communications / profile contacts & responses /emails which a
Member may send to other Member in any 24-hour period to a number
which Kayastha.org deems appropriate in its sole discretion.
You may not use any automated
processes, including IRC Bots, EXE's, CGI or any other
programs/scripts to view content on or communicate / contact / respond
/ interact with Kayastha.org and/or its members.
Proprietary Rights in Content on
Kayastha.org . Kayastha.org owns and retains other
proprietary rights in the Kayastha.org Site and the
Kayastha.org Service. The Site contains the copyrighted material,
trademarks, and other proprietary information of Kayastha.org,
and its licensors. Except for that information which is in the public
domain or for which you have been given permission, you may not copy,
modify, publish, transmit, distribute, perform, display, or sell any
such proprietary information.
Content Posted on the Site.
You understand and agree that
Kayastha.org may delete any content, messages, photos or profiles
(collectively, "Content") that in the sole judgment of Kayastha.org
violate the Terms of Use or which might be offensive, illegal, or that
might violate the rights, harm, or threaten the safety of other
Kayastha.org and/or its Members.
You are solely responsible for the
Content that you publish or display (hereinafter, "post") on the
Kayastha.org service, or transmit to other Kayastha.org
Members. Kayastha.org reserves the right to verify the
authenticity of Content posted on the site. In exercising this right,
Kayastha.org may ask you to provide any documentary or other
form of evidence supporting the Content you post on the site. If you
fail to produce such evidence, Kayastha.org may, in its sole
discretion, terminate your Membership without a refund.
By posting Content to any public area
of Kayastha.org, you automatically grant, and you represent and
warrant that you have the right to grant, to Kayastha.org, and
other Kayastha.org Members, an irrevocable, perpetual,
non-exclusive, fully-paid, worldwide license to use, copy, perform,
display, and distribute such information and content and to prepare
derivative works of, or incorporate into other works, such information
and content, and to grant and authorize sublicenses of the foregoing.
- is patently offensive to the online
community, such as Content that promotes racism, bigotry , hatred or
physical harm of any kind against any group or individual;
- harasses or advocates harassment of
another person;
- involves the transmission of "junk
mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes information that you know
is false, misleading or promotes illegal activities or conduct that is
abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized
copy of another person's copyrighted work, such as providing pirated
computer programs or links to them, providing information to
circumvent manufacture-installed copy-protect devices, or providing
pirated music or links to pirated music files;
- contains restricted or password
only access pages, or hidden pages or images (those not linked to or
from another accessible page) ;
- displays pornographic or sexually
explicit material of any kind;
- provides material that exploits
people under the age of 18 in a sexual or violent manner, or solicits
personal information from anyone under 18;
- provides instructional information
about illegal activities such as making or buying illegal weapons,
violating someone's privacy, or providing or creating computer
viruses;
- solicits passwords or personal
identifying information for commercial or unlawful purposes from other
users; and
- engages in commercial activities
and/or sales without our prior written consent such as contests,
sweepstakes, barter, advertising, and pyramid schemes.
You must use the Kayastha.org
Service in a manner consistent with any and all applicable local,
state, and federal laws and regulations.
You may not include in your Member
profile, visible to other members, any telephone numbers, street
addresses, last names, URL's, and email addresses.
Copyright Policy.
You may not post, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without
obtaining the prior written consent of the owner of such proprietary
rights. Without limiting the foregoing, if you believe that your work
has been copied and posted on the Kayastha.org service in a way
that constitutes copyright infringement, please provide our Copyright
Agent with the following information: an electronic or physical
signature of the person authorized to act on behalf of the owner of
the copyright interest; a description of the copyrighted work that you
claim has been infringed; a description of where the material that you
claim is infringing is located on the our Site; your address,
telephone number, and email address; a written statement by you that
you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; a statement by you,
made under penalty of perjury, that the above information in your
Notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf. Kayastha.org 's
Copyright Agent for Notice of claims of copyright infringement can be
reached by writing to the email address located under the Help/Contact
section on the site.
Member Disputes. You
are solely responsible for your interactions with other
Kayastha.org Members. Kayastha.org reserves the right, but
has no obligation, to monitor disputes between you and other Members.
Privacy. Use of the
Kayastha.org Site and/or the Kayastha.org Service is
governed by our Privacy Policy.
Disclaimers.
Kayastha.org is not responsible for any incorrect or inaccurate
Content posted on the Site or in connection with the Kayastha.org
Service, whether caused by Users, Members or by any of the equipment
or programming associated with or utilized neither in the Service, nor
for the conduct of any User and/or Member of the Kayastha.org
Service whether online or offline. Kayastha.org assumes no
responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line
failure, theft or destruction or unauthorized access to, or alteration
of, User and/or Member communications. Kayastha.org is not
responsible for any problems or technical malfunction of any telephone
network or lines, computer on-line-systems, servers or providers,
computer equipment, software, failure of email or players on account
of technical problems or traffic congestion on the Internet or at any
website or combination thereof, including injury or damage to Users
and/or Members or to any other person's computer related to or
resulting from participating or downloading materials in connection
with the Kayastha.org Site and/or in connection with the
Kayastha.org Service. Under no circumstances will Kayastha.org
be responsible for any loss or damage resulting from anyone's use of
the Site or the Service and/or any Content posted on the
Kayastha.org Site or transmitted to Kayastha.org Members.
The exchange of matrimonial profile(s) through or by Kayastha.org
should not in any way be construed as any matrimonial offer and/or
recommendation from/by Kayastha.org. Kayastha.org shall
not be responsible for any loss or damage to any individual arising
out of, or subsequent to, matrimonial relations established pursuant
to the use of Kayastha.org. The Site and the Service are
provided "AS-IS" and Kayastha.org expressly disclaims any
warranty of fitness for a particular purpose or non-infringement.
Kayastha.org cannot guarantee and does not promise any specific
results from use of the Site and/or the Kayastha.org Service.
Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no
event will Kayastha.org be liable to you or any third person
for any indirect, consequential, exemplary, incidental, special or
punitive damages, including also lost profits arising from your use of
the Site or the Kayastha.org Service, even if Kayastha.org
has been advised of the possibility of such damages. Notwithstanding
anything to the contrary contained herein, Kayastha.org,
liability to you for any cause whatsoever, and regardless of the form
of the action, will at all times be limited to the amount paid, if
any, by you to Kayastha.org, for the Service during the term of
membership.
Indemnity. You agree
to indemnify and hold Kayastha.org, its subsidiaries,
affiliates, officers, agents, and other partners and employees,
harmless from any loss, liability, claim, or demand, including
reasonable attorney's fees, made by any third party due to or arising
out of your use of the Service in violation of this Agreement and/or
arising from a breach of these Terms of Use and/or any breach of your
representations and warranties set forth above.
Other. By becoming a
Member of the Kayastha.org service, you agree to receive
certain specific emails from Kayastha.org.
This Agreement, accepted upon use of
the Site and further affirmed by becoming a Member of the
Kayastha.org service, contains the entire agreement between you
and Kayastha.org regarding the use of the Site and/or the
Service. If any provision of this Agreement is held invalid, the
remainder of this Agreement shall continue in full force and effect.
Any service or purchase made through
the site is NOT REFUNDABLE under any circumstances your membership is
for your sole, personal use. You may not authorize others to use your
membership, and you may not assign or otherwise transfer your account
to any other person or entity. You will NOT use your Membership either
online or offline as a platform for any kind of promotional campaign,
solicitation, advertising or dealing in any products or services or
transmit any chain letters or junk mails.
www. Kayastha.org reserves
rights to cancel any membership in the site without any notice. |
