I. By using the Kaskosan community (the "Community") that Howdygroup. ("Kaskosan", "us", or "we") operates on our website, currently located at http://www.kaskosan.org (the "Website"), you agree to be bound by these Terms and Conditions (this "Agreement"), whether or not you register as a member of the Kaskosan Community ("Member"). The Kaskosan services (the "Services") consist of the Community, the Website and all other related activities.
II. If you wish to become a Member, communicate with other Members, and make use of the Service, read this Agreement and follow the instructions in the registration process. This Agreement sets out the legally binding terms for your membership and may be modified by Kaskosan from time to time. Any modifications shall be effective upon posting by Kaskosan on the Website.
IV. If such additional functionalities and features are provided to us by any of our partners (such as, but not limited to, media players for content provided by our licensors) the additional terms that govern your use of such functionalities and features are not incorporated into this Agreement, but shall govern your use of such functionalities and features and you hereby agree to comply with and be bound by such terms as a condition to your access and use of such functionalities and features.
1. ELIGIBILITY. The services are intended solely for access and use by individuals that are sixteen (16) years of age or older. By accessing and using the services, you are certifying that you are at least sixteen (16) years old.
By using the Services, 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. If you are merely surfing or browsing through the Website and have not yet registered to become a Member, your use of the Website is still subject to this Agreement; if you do not agree to this Agreement, do not use the Services.
2. PASSWORD. When you sign up to become a Member, you will also be asked to choose a username and a password for your Member profile. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Member profile, username, or password of another Member at any time. You agree to notify us immediately if you suspect any unauthorized use of your Member profile or access to your password. You are solely responsible for any and all use of your Member profile.
3. TERM. This Agreement will remain in full force and effect while you use the Services and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the "Help" pages, or upon receipt by Kaskosan of your written or email notice of termination. Kaskosan may terminate your access to the Website. Kaskosan may terminate 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 Kaskosan. If Kaskosan terminates your membership in the Community because you have breached the Agreement, you will not be entitled to a refund of any unused subscription fees, if any. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20.
4. NON-COMMERCIAL USE BY MEMBERS. The Services are 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 Kaskosan or otherwise. Illegal and/or unauthorized uses of the Services, including unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken.
5. PROPRIETARY RIGHTS IN THE SERVICE. Kaskosan owns and retains all proprietary rights in the Services. The Services contain the copyrighted material, trademarks, and other proprietary information ("Intellectual Property") of Kaskosan, and its licensors, including other Kaskosan Members. Except for Intellectual Property which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Intellectual Property and the provision of such Intellectual Property to you through the Services does not transfer to you or any third party any rights, title or interest in or to such Intellectual Property, including, without limitation, any intellectual property rights in any Content and material included therein.
6. CONTENT POSTED ON THE SERVICES. You understand and agree that Kaskosan may (but is not obligated to) review any classified ads, content, communication, information, Intellectual Property, material, messages, photos, videos, URLs, profiles and the like (collectively, "Content") that is uploaded, published or displayed (hereinafter, "posted") on the Services and delete or refuse to take online any such Content, including, without limitation, any Content that in the sole judgment of Kaskosan violates this Agreement or which might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of other Members or third parties. You are solely responsible for the Content that you post on the Services, or transmit to other Members or third parties. By posting Content to any area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to Kaskosan an irrevocable, perpetual, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform (including by means of a digital audio transmission), and otherwise use Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. In addition, you represent and warrant that you have the right to post the Content and you will not post any illegal or prohibited Content and will not infringe, misappropriate, violate or contravene any third party rights (including, without limitation, any intellectual property rights). The following is a partial list of the kind of Content that is illegal or prohibited on the Website ("Prohibited Content"). Kaskosan reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Service and terminating the membership of such violators.
Prohibited Content includes Content that:
(a) 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;
(b) harasses or advocates harassment of another person;
(c) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
(d) promotes information that you know is false, misleading or that promotes illegal activities or conduct that is illegal, abusive, threatening, obscene, defamatory or libelous;
(e) promotes an illegal and/or unauthorized ("pirated") copy of another person's copyrighted work (whether marked as such, or not), such as, but not limited to, providing pirated computer programs or links to them, providing information to circumvent copy-protection mechanisms, or providing pirated music, video or other pirated Content, or links to such pirated music, video files, or files that contain such other pirated Content;
(f) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(g) displays pornographic or sexually explicit material of any kind and in any form;
(h) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
(i) provides instructional information about illegal activities such as, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(j) solicits passwords or personal identifying information of any kind for commercial or unlawful purposes from other users; and engages in commercial activities and/or commercial sales without our prior written consent, including, without limitation, contests, sweepstakes, barter, advertising, and pyramid schemes;
(k) constitutes, promotes, or is used primarily for the purpose of dealing in: counterfeit goods, items subject to embargo, illegal drugs and paraphernalia, stolen products and items used for theft, unlicensed trade or dealing in stocks or securities, gambling items, professional services regulated by state licensing regimes or non-transferable items; or
(l) otherwise violates the terms of this Agreement or creates liability for Kaskosan.
You must use the Services in a manner consistent with any and all applicable laws and regulations. You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Services, except as to the extent expressly allowed by Kaskosan in specific sections of the Services, such as the Classifieds or similar section of the Services. You may not transmit any chain letters or junk email to other Members or other parties. Although Kaskosan cannot monitor the conduct of its Members off the Services, it is also a violation of these rules to use any information obtained from the Services 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 our Members from such advertising or solicitation, Kaskosan reserves the right to restrict the number of emails and other communications (including sharing of Content) which a Member may send to other Members in any twenty-four (24) hour period to a number which Kaskosan deems appropriate in its sole discretion.
7. YOUR MEMBER PROFILE. Any Content used for or photographs posted by you in your Member profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post a photograph of another person without that person's permission.
8. USING THE KASKOSAN BAND SERVICE. In connection with your registration on the Service as a band, you may have the opportunity to post music, audio, artwork, video, or other Content (collectively, "Band Content") on areas of the Service. Kaskosan only permits and authorizes you to upload or post Band Content on the Service if you have the right to upload or Post such Band Content, have the right to grant the license in this Agreement to Kaskosan and all users of Kaskosan, and comply with all copyright, privacy, attribution, trademark, publicity, or other intellectual property or personal rights relating to such Band Content. If you post any Band Content on the Service in violation of the foregoing, your right to use the Service and any other associated services will immediately cease and you agree to cease at that time any and all use of the Service, any associated services, and any use of Kaskosan or third party content available in connection with the Service or associated service. In addition to other remedies set forth in this Agreement (including but not limited to indemnification in section 18 below) Kaskosan will have the right to immediately terminate or suspend your account.
9. 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 Services 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 Website; 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. Kaskosan's Copyright Agent for notice of claims of copyright infringement can be reached by writing to the following:
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10. MEMBER DISPUTES. Your interactions with other Members in connection with the Services or with advertisers, including, without limitation, payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other Members or the advertiser. You agree that Kaskosan will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other Members use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including, without limitation, any Member), Kaskosan is under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Members.
11. THIRD PARTY CONTENT. Content from other Members, advertisers, and other third parties may be made available to you through the Services. Because we do not control such Content,
(a) you agree that we are not responsible for any such Content and
(b) we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Members, advertisers, and other third parties.
12. RELEASE. To the extent permitted under applicable laws, you hereby release Kaskosan from any liability related to:
(a) any incorrect or inaccurate Content posted on the Services, whether caused by any user of the Services or Member, or by any of the equipment or programming associated with or utilized in the Services;
(b) the conduct, whether online or offline, of any user of the Services or Member;
(c) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or Content players on account of technical problems or traffic congestion on the Internet or at any website, or combination thereof, including injury or damage to user's and/or Member's or to any other person's computer related to or resulting from participating or downloading materials in connection with the Services;
(d) any loss or damage caused by Content posted on the Services or transmitted by and to Members, or any interactions between users of the Website and/or Members, whether online or offline; and
(e) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Website user or Member communications.
13. DISCLAIMER. To the extent permitted under applicable laws, the services are provided "as-is" and as available and Kaskosan expressly disclaims any warranty and conditions of any kind, whether express or implied, including, but not limited to, the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement and Kaskosan does not guarantee and does not promise
(a) any specific results from the use of the services;
(b) that the services will meet your requirements;
(c) that the services will be available on an uninterrupted, timely, secure, or error-free basis; or
(d) the results that may be obtained from the use of the services will be accurate or reliable. Kaskosan does not assume any obligation to monitor activities on the service.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
14. LIMITATION ON LIABILITY. To the extent permitted under applicable laws, Kaskosan shall not be liable to you, or any third party, for any indirect, consequential, exemplary, incidental, special or punitive damages (including also lost profits) arising from your use of the services, even if Kaskosan has been advised of the possibility of such damages. notwithstanding anything to the contrary contained herein, Kaskosan's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the greater of (1) any amount paid by you to Kaskosan for the services; and (2) fifty U.S.Dollars (US$50).
Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitation or exclusion may not apply to you.
15. GOVERNING LAW AND ARBITRATION. You agree that:
(i) the Kaskosan Website shall be deemed solely based in [country];
(ii) the section titles in this Agreement are for convenience only and have no legal or contractual effect;
(iii) nothing in these Terms and Conditions shall be deemed to constitute a partnership or a joint venture between the you and Kaskosan. Nothing contained in these Terms and Conditions shall constitute you as the agent of Kaskosan or otherwise entitle you to have authority to bind Kaskosan for any purpose. and
16. ELECTRONIC COMMUNICATIONS. The communications between you and Kaskosan use electronic means, whether you visit the Website or send us emails, or whether Kaskosan posts notices on the Services or communicates with you via email. For contractual purposes, you
(a) consent to receive communications from Kaskosan in an electronic form; and
(b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Kaskosan provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your non-waivable rights.
17. INDEMNITY. You agree to indemnify and hold Kaskosan, 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 Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
18. OTHER. This Agreement contains the entire agreement between you and Kaskosan regarding the use of the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Notwithstanding any other provisions herein, no party will be deemed as a third-party beneficiary to this Agreement and a third party (including another Member) who is not a party to this Agreement has no right to enforce any term of this Agreement. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of Kaskosan to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.
19. COPYRIGHT/TRADEMARK INFORMATION. Copyright © 2007 - 2009, Kaskosan. All rights reserved. The trademarks, logos and service marks ("Marks") displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Mark.