Terms & Conditions
Website Terms & Conditions
This Website Terms & Conditions (“T&C”) is a legally binding agreement made by and between Kolkata Monsoon Relief (KMR) and you, and it governs the Kolkata Monsoon Relief website and all the associated websites (collectively referred to as the “KMR websites” or “KMR media network”).
The KMR websites are maintained by Associação Stella, with headquarters in Rua Dr Sousa Rosa 233 4150-718 Porto, Portugal internationally identifiable by EU official tax number PT515412210.
By visiting any of the KMR websites, you agree to be bound by this T&C. If you do not agree to be bound by the T&C, do not access or use the KMR websites or any of our services. By accessing or using any part of the KMR websites or by registering for or using any KMR service, including, without limitation, by joining the KMR website, you agree that you have read, understand, and agree to this T&C.
Changes to this T&C and the KMR Websites
Changing business practices and circumstances may require that we make changes to this T&C and to the KMR websites. KMR reserves the right to modify its websites and/or this T&C at any time. Any changes will be reflected on the KMR websites and revision shall be effective immediately on such posting and you are deemed to be apprised of and bound by any such modifications. You agree to review this T&C and other posted online policies periodically to be aware of any revisions.
Your edits or changes to either online or offline versions of this T&C will not be effective, regardless of form.
Our goal is to provide all services to visitors to the KMR websites in an accessible, efficient, and friendly manner. If you have comments or questions regarding the T&C, please contact us at firstname.lastname@example.org.
Your Use of the KMR websites
KMR websites may only be used by individuals who can form legally binding contracts under applicable law. No person under the age of 18 may use the KMR websites, unless under supervision of a parent or guardian. Notwithstanding the previous sentence, no person under the age of 13 may use these websites. Your use of the websites will be deemed to be a representation that you are (or are between the ages of 13 and 18 and under the supervision of a parent or guardian) 18 years of age or older.
Compliance with the T&C and Applicable Law
We give you permission to access and use the KMR websites for your personal use for the purposes for which is intended, and to copy, distribute, and transmit the content of the websites only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the websites for your personal use, or as expressly permitted by KMR (for example, if KMR provides a method for you to post information to your Facebook page). You may download or electronically copy and print a copy of the information displayed on the KMR websites for your personal use and no rights to those materials are transferred to you by such copying.
The goal of the KMR websites is to raise awareness of and raise funds for KMR. Use of the KMR websites for any illegal purpose, or any other purpose not described above as an authorized use, is strictly prohibited. Any other use, including, but not limited to, the reproduction, distribution, display or transmission of the content of the KMR websites is strictly prohibited, unless authorized in writing. For example, you agree not to take or download pictures of people from the KMR website and post them on third-party websites. You may also not deep link to portions of the KMR websites; or frame, inline link, or similarly display any part of the websites. You further agree not to change or delete any proprietary notices from materials downloaded from the KMR websites. You may not modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the websites.
You agree not to upload, display, perform, transmit, or otherwise distribute any content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds for anything other than KMR, or is a solicitation for goods or services.
Third Party Links and Registration
The KMR websites may contain links to other websites. Please note that when you click on one of these links, you are entering another site. These links are provided for your convenience, and you access them at your own risk. We encourage you to read the terms and conditions of these linked websites as their terms and conditions may differ from ours.
Registration via Third Party Tools
When you register or sign in using Facebook or Twitter, you may not use the e-mail address, account, username, or password of someone else at any time. Though you may submit an e-mail address to register instead of signing in with a Facebook or Twitter account, you must also be a Facebook or Twitter user to be added to KMR. You agree to notify us immediately on any unauthorized use of your account (including your e-mail address), user name, or password. We shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
Payment and Refunds
You will solely be responsible for all taxes arising from, relating to or connected with your use of the KMR websites. We will have the right to charge you through PayPal for any taxes that we are required to pay or in fact collect.
When you make a payment to KMR, we will e-mail you a receipt which might contain tax-deductible values depending on your nationality. You are responsible for keeping copies of these receipts for the eventual purposes of obtaining a tax-deduction.
All payments and donations are non-refundable.
Intellectual Property: Content & Rights
The KMR websites, names, trademarks, logos, designs, text and graphics used on the KMR websites, the selection and arrangement thereof, and all other materials used on these websites, are and shall remain owned or licensed by KMR. Notwithstanding the foregoing, from time to time, certain third party trademarks, copyrighted materials and other intellectual property not owned by KMR may appear on these websites, for example, when someone posts a picture to the KMR website. When such materials appear, appropriate credits and notices may be displayed. We will retain ownership of our intellectual property rights and you will not obtain any rights therein by virtue of this T&C or otherwise.
When accessing the KMR websites or using the KMR services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the websites is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any content does not violate any laws or third party rights rests solely with you.
By posting, storing, uploading, or transmitting any content on or to the websites, you grant KMR a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, right and license under all intellectual property or other proprietary rights whatsoever (e.g., copyright, trademark, privacy, and publicity) to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and sublicense such content in any form, in all media now known or hereinafter created. We have no duty to use your content and may remove it at any time for any reason. You will not be compensated for our use of this content. You agree that we may publish or otherwise disclose your name in connection with your content. By posting content, you warrant and represent that you own the rights to the content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute the content and grant KMR the right to do the same. You hereby irrevocably waive any claims based on moral rights and similar theories, if any.
All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the KMR websites (collectively, “Comments”) will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.
We respect the copyrights of others and expect our users to do the same. We have a policy of terminating users who repeatedly infringe the copyrights of others.
If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) 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; (c) identification of the material that is claimed to be infringed 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; (d) 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; (e) 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 (f) 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. For this notification to be effective, you must provide it to our designated agent at email@example.com
Notwithstanding the above, we will not be liable to you for our failure to remove the infringing material of third parties.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE KMR WEBSITES AND THE PRODUCTS OFFERED ON THE KMR WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KMR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVERS THAT MAKE THE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
KMR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR MATERIALS ON THE WEBSITE, EVEN IF KMR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL OUR MAXIMUM, AGGREGATE LIABILITY EXCEED $100.
APPLICABLE LAW MAY NOT ALLOW LIMITATION OF CONSEQUENTIAL DAMAGES ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless KMR, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of the T&C, or any activity related to use of the KMR websites (including negligent or wrongful conduct) by you. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of the claim, demand, or action your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any claim, demand, or action without our express written consent.
Term; Termination; Survival
We may deny you access to all or part of the KMR websites at any time for any reason (including, but not limited to, if you engage in any conduct or activities that we determine, in our sole discretion, violate this T&C, our rights or the rights of any third party ) or no reason at all. The provisions relating to Intellectual Property; Disclaimer; Limitation of Liability; Indemnification; Unauthorized Use; Term; Termination; and Miscellaneous, shall in all events survive any termination of this T&C. For purposes of clarity, the survival of the provision on Unauthorized Use means that even if your account is terminated, if you breached the Unauthorized Use provision while using the KMR websites, we have the right to sue you for damages or injunctive relief.
We may deliver notice to you by means of e-mail, a general notice on the KMR websites, or by other reliable method. If you give notice to us, you must use the address listed above.
We will not be liable for failing to perform under this T&C by the occurrence of any event beyond our reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to perform, fire, terrorism, natural disaster or war.
Governing Law; Class-Action Waiver; Arbitration; Jurisdiction
Your use of the KMR websites are governed in all respects by the laws of the state of Portugal, without regard to choice of law provisions. By agreeing to this T&C, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with this T&C must be asserted individually. If there is any dispute between us, it is agreed that either of us may elect to have it resolved by proceeding in small claims court or by binding arbitration. All disputes in arbitration will be handled just between the named parties and shall be arbitrated in Portugal. The arbitrator shall not have authority to conduct any proceedings on a class, private attorney general, or other representative basis; nor to entertain any claim of, nor provide any relief to any person who is not a named party; nor to join or consolidate claims by or for individuals with different accounts. You acknowledge that this means that you may not have access to a court or jury. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction.
Waiver; Time for Commencement of Action
Any cause of action or claim you may have with respect to the KMR must be commenced within one (1) year after the claim or cause of action arises or is barred forever. Failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right.
Entire Agreement; Assignment; Severability
This T&C, including, without limitation, the other policies referenced herein, constitute the entire agreement between you and KMR with regard to your use of the KMR websites, and supersedes and replaces any and all prior and contemporaneous agreements between you and KMR with respect to the websites. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. We may assign its rights and duties under this T&C to any party at any time without notice to you. If, for whatever reason, a court of competent jurisdiction finds any term or condition in this T&C to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.
For More Information
If you have any questions, concerns, or comments about this T&C, please send us a description of your concern via e-mail to firstname.lastname@example.orgKMR