Welcome to The Newar Community Network - the place where newars meet.
By using The Newar Community Network that NepalTeam Network Pvt. Ltd. operates on our website, currently located at http://www.newar.com.np (the "Website"), you agree to be bound by these Terms of Service, whether or not you register as a member of the this community. The website consist of the Community and the Website.
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 from time to time. Any modifications shall be effective upon posting on the Website. You may also receive a copy of this Agreement by emailing us at: customercare@newar.com.np, Subject: "Terms of Service Agreement".
In addition, when using particular functionalities and features that are part of the Services, you may be subject to additional guidelines, terms, or rules applicable to such functionalities and features, which may be posted from time to time. All such Additional Terms and the Privacy Policy (www.newar.com.np/help_privacy.php) are hereby incorporated by reference into this Agreement.
If such additional functionalities and features are provided to us by any of our partners, 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.
- ELIGIBILITY. THE SERVICES ARE INTENDED SOLELY FOR ACCESS AND USE BY INDIVIDUALS THAT ARE THIRTEEN (13) YEARS OF AGE OR OLDER. BY ACCESSING AND USING THE SERVICES, YOU ARE CERTIFYING THAT YOU ARE AT LEAST THIRTEEN (13) 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.
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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.
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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 us of your written or email notice of termination. We may terminate your access to the Website. We 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 us. If we terminate 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.
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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 our network or otherwise. Organizations, companies, and/or businesses may not become Members of our network and should not use the our Services for any purpose. 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.
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PROPRIETARY RIGHTS IN THE SERVICE. We own and retain all proprietary rights in the Services. The Services contain the copyrighted material, trademarks, and other proprietary information of us, including other our 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.
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CONTENT POSTED ON THE SERVICES. You understand and agree that we may (but is not obligated to) review any classified ads, content, communication, information, Intellectual Property, material, messages, photos, videos, URLs, profiles and the like that is uploaded, published or displayed or 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 us 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 us 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. We reserve 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:
- 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 that promotes illegal activities or conduct that is illegal, abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal and/or unauthorized 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;
- 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 and in any form;
- 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, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- 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;
- constitutes, promotes, or is used primarily for the purpose of dealing in: counterfeit goods, items subject to US 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 us.
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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.
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DISCLAIMER. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, THE SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND WE 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 US 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; (B) THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. WE DO 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.
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