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Disclaimer
Terms of Service
Last Updated: Feb,
2004
Welcome to
NepalBazaar.com! We have developed these Terms of
Service to govern your use of NepalBazaar.com. Your use of our
site tells us you have read and agreed to these Terms of Service.
Please read them carefully. This Terms of Service is a
binding contract regarding your use of NepalBazaar.com. If you do
not agree with any of these terms, please exit NepalBazaar.com.
Copyright. All information, content, services and
software displayed on, transmitted through, or used in
connection with NepalBazaar.com, including for example news
articles, reviews, directories, guides, text, photographs,
images, illustrations, audio clips, video, html, source and
object code, trademarks, logos, and the like (collectively, the
"Content"), as well as its selection and arrangement,
is owned by Banepa Enterprises, Inc. ("BE"), and its
affiliated companies, licensors and suppliers. You may use the
Content online only, and solely for your personal,
non-commercial use, and you may download or print a single copy
of any portion of the Content solely for your personal,
non-commercial use, provided you do not remove any trademark,
copyright or other notice from such Content. If you operate a
Web site and wish to link to NepalBazaar.com, you may do so
provided you agree to cease such link upon request from
NepalBazaar.com. No other use is permitted without prior written
permission of NepalBazaar.com. The permitted use described in this
Paragraph is contingent on your compliance at all times with
these Terms of Service.
You may not, for example, republish any portion of the
Content on any Internet, Intranet or extranet site or
incorporate the Content in any database, compilation, archive or
cache. You may not distribute any Content to others, whether or
not for payment or other consideration, and you may not modify,
copy, frame, cache, reproduce, sell, publish, transmit, display
or otherwise use any portion of the Content. You agree not to
decompile, reverse engineer or disassemble any software or other
products or processes accessible through NepalBazaar.com, not to
insert any code or product or manipulate the content of
NepalBazaar.com in any way that affects the user’s experience,
and not to use any data mining, data gathering or extraction
method.
Requests to use Content for any purpose other than as
permitted in these Terms of Service should be directed to Support@NepalBazaar.com.
In certain cases, you may be able to obtain a license to use
individual stories that appear on NepalBazaar.com through online
functionality we have specifically designated (e.g., to e-mail a
story to a friend or to purchase the rights to reproduce a story
for other use). In such cases, we will tell you directly in the
portion of the Content you may license or you will see a link in
the Content itself. If you do not see such authorization or
link, you should assume no third party has the right to allow
you to use the Content.
Copyright Complaints. NepalBazaar.com
respects the intellectual property of others. If you believe
your work has been copied in a way that constitutes copyright
infringement or are aware of any infringing material on
NepalBazaar.com, please contact us at the address listed below
under the heading "Contact Us."
Membership and Registration. If you become a Member of
NepalBazaar.com, you accept responsibility for all activities that
occur under your account or password, and agree not to sell,
transfer or assign your Membership or any Membership rights. You
are responsible for maintaining the confidentiality of your
password and for restricting access to your computer so others
may not access NepalBazaar.com using your name in whole or in part.
NepalBazaar.com reserves the right to terminate Membership and deny
access to the site to any person who violates this Terms of
Service.
User-Provided Information and Content. By providing
information to, communicating with, and/or placing material on,
NepalBazaar.com, including for example communication during
registration, communication on any NepalBazaar.com bulletin board,
message or chat area, posting any resume or other content,
placing any classified advertisement, entering any sweepstakes,
etc., you represent and warrant: (1) you own or otherwise have
all necessary rights to the content you provide and the rights
to use it as provided in this Terms of Service; (2) all
information you provide is true, accurate, current and complete,
and does not violate these Terms of Service; and, (3) the
content will not cause injury to any person or entity. Using a
name other than your own legal name is prohibited (except in
those specific areas of NepalBazaar.com that specifically ask for
unique, fictitious names, e.g., certain message boards and chat
rooms).
For all such information and material, you grant
BE, its
affiliates and related entities, including NepalBazaar.com and its
affiliated newspaper, a royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, copy, modify, display,
archive, store, distribute, reproduce and create derivative
works from such information, in any form, media, software or
technology of any kind now existing or developed in the future.
Without limiting the generality of the previous sentence, you
authorize BE to share the information across all Tribune Company
affiliated Web sites, to include the information in a searchable
format accessible by users of NepalBazaar.com and other BE Web
sites, and to use your name and any other information in
connection with its use of the material you provide. You also
grant BE the right to use any material, information, ideas,
concepts, know-how or techniques contained in any communication
you send to us for any purpose whatsoever, including but not
limited to developing, manufacturing and marketing products
using such information. All rights in this paragraph are granted
without the need for additional compensation of any sort to you.
Please note that NepalBazaar.com does not accept unsolicited
materials or ideas for use or publication, and is not
responsible for the similarity of any of its content or
programming in any media to materials or ideas transmitted to
NepalBazaar.com. Should you send any unsolicited materials or
ideas, you do so with the understanding that no additional
consideration of any sort will be provided to you, and that you
are waiving any claim against NepalBazaar.com and its affiliates
regarding the use of such materials and ideas, even if material
or an idea is used that is substantially similar to the idea you
sent.
Placing an Ad and using our Web site. Before
placing an ad or using any of the products or services offered
on our site, please read the General Disclaimer and Limitation
of Liability section in these Terms of Service. In addition to
these Terms of Service, the following apply to all ads placed
with NepalBazaar.com:
- Definitions:
A private party is an individual
selling his/her personal item(s), or buying an item for
personal use. Ads for businesses, commercial ventures or any
reason other than personal use must be placed as Business
ads. For example, ads that must be placed as business ads
include ongoing ventures, for fun or profit; inventory for
sale or wanted (from a past, present or prospective
business); offers of information, free or paid; services
wanted or offered, including animal breeding; employment
wanted or offered; real estate rentals and sales, and
businesses for sale. We encourage our readers to notify us
if they find a business advertising as a private party. We
reserve the right to delete any private party ad we consider
to be commercial in nature.
- Ads
will not be published until payment is received.
- Sales are final. No Refunds:
NepalBazaar.com is not
responsible for errors made by the customer in submitting
advertising. If there is an error in any advertisement, it
is the responsibility of the customer to go online and
modify the ad. Customers who detect other errors in any
advertisement or content should contact NepalBazaar.com
immediately via email to Support@NepalBazaar.com.
For material errors caused by NepalBazaar.com, users will
receive a credit toward the purchase of future advertising
equal to the value of the advertisement for the time during
which the material error existed. All such credit is applied
to future advertising only – NO REFUNDS.
Other Specifics About Interactive Areas.
NepalBazaar.com provides a forum in which you can share ideas
and information. Given the nature of NepalBazaar.com and the
volume of messages and postings, NepalBazaar.com cannot and does
not monitor all of the material posted or transmitted by users
and third party information providers. To protect your safety,
please use your best judgment when using these forums. We
particularly encourage caution when divulging personal phone
numbers and addresses or other information that can be used to
identify or locate you. If you make such disclosures, you do
so fully understanding the consequences of such disclosures
and with a knowing consent that such information could be used
to identify you. NepalBazaar.com reserves the right to delete,
move or edit any communications at any time, for any reason or
in its discretion, but has no obligation to review or remove
any such content.
Posting Rules. We reserve the right to remove any
content posted on our site at any time for any reason.
Decisions as to whether content violates any Posting Rule will
be made by NepalBazaar.com in its discretion after we have actual
notice of such posting. Without limiting our right to remove
content, we have attempted to provide guidelines to those
posting content on our site. When using NepalBazaar.com, please
do not post material that:
- contains vulgar, profane, abusive, racist or hateful
language or expressions, epithets or slurs, text,
photographs or illustrations in poor taste, inflammatory
attacks of a personal, racial or religious nature.
- is defamatory, threatening, disparaging, grossly
inflammatory, false, misleading, fraudulent, inaccurate,
unfair, contains gross exaggeration or unsubstantiated
claims, violates the privacy rights of any third party, is
unreasonably harmful or offensive to any individual or
community.
- violates any right of NepalBazaar.com or any third party.
- discriminates on the grounds of race, religion, national
origin, gender, age, marital status, sexual orientation or
disability, or refers to such matters in any manner
prohibited by law.
- violates or inappropriately encourages the violation of
any municipal, state, federal or international law, rule,
regulation or ordinance.
- unfairly interferes with any third party’s
uninterrupted use of NepalBazaar.com.
- advertises, promotes or offers to trade any goods or
services, except in areas specifically designated for such
purpose.
- uploads copyrighted or other proprietary material of any
kind on NepalBazaar.com without the express permission of the
owner of that material.
- uses or attempt to use another's account, password,
service or system except as expressly permitted by the
Terms of Service.
- uploads or transmits viruses or other harmful,
disruptive or destructive files.
- disrupts, interferes with, or otherwise harms or
violates the security of NepalBazaar.com, or any services,
system resources, accounts, passwords, servers or networks
connected to or accessible through NepalBazaar.com or
affiliated or linked sites.
- "flames" any individual or entity (e.g., sends
repeated messages related to another user and/or makes
derogatory or offensive comments about another
individual), or repeats prior posting of the same message
under multiple threads or subjects.
WARNING: A VIOLATION OF THE FOREGOING
GUIDELINESPROHIBITIONS MAY BE REFERRED TO LAW ENFORCEMENT
AUTHORITIES.
Communications with Third Parties Through
NepalBazaar.com.
Your dealings or communications through NepalBazaar.com with any
party other than NepalBazaar.com are solely between you and that
third party. For example, certain areas of NepalBazaar.com may
allow you to conduct transactions or purchase goods or
services. In most cases, these transactions will be conducted
by our third-party partners and vendors. Under no
circumstances will NepalBazaar.com be liable for any goods,
services, resources or content available through such third
party dealings or communications, or for any harm related
thereto. Please review carefully that third party’s policies
and practices and make sure you are comfortable with them
before you engage in any transaction. Complaints, concerns or
questions relating to materials provided by third parties
should be forwarded directly to the third party.
General Disclaimer and Limitation of Liability: While
NepalBazaar.com uses reasonable efforts to include accurate and
up-to-date information, we make no warranties or
representations as to the accuracy of the Content and assume
no liability or responsibility for any error or omission in
the Content. NepalBazaar.com does not represent or warrant that
use of any Content will not infringe rights of third parties.
NepalBazaar.com has no responsibility for actions of third
parties or for content provided or posted by others.
USE OF NepalBazaar.com IS AT YOUR OWN RISK. ALL CONTENT IS
PROVIDED "AS IS" AND "AS AVAILABLE."
NEITHER BE, NepalBazaar.com, NOR ANY OF THEIR AFFILIATED OR
RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT
PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY
REPRESENTATION OR WARRANTY OF ANY KIND REGARDING
NepalBazaar.com,
THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS
OR SERVICES AVAILABLE ON OR THROUGH NepalBazaar.com, AND/OR THE
RESULTS THAT MAY BE OBTAINED FROM USE OF NepalBazaar.com OR SUCH
CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES,
INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST
INFRINGEMENT, AND WARRANTIES NepalBazaar.com WILL MEET YOUR
REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE,
ARE SPECIFICALLY DISCLAIMED. NepalBazaar.com AND ITS AFFILIATES
ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD
PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR
VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER
PROPERTY.
NepalBazaar.com CONTAINSS FACTS, VIEWS, OPINIONS, STATEMENTS
AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND
ORGANIZATIONS. NepalBazaar.com DOES NOT REPRESENT OR ENDORSE THE
ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION,
STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR
DISTRIBUTED THROUGH THE NepalBazaar.com. ANY RELIANCE UPON ANY
SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE
RISK.
IN NO EVENT SHALL NepalBazaar.com OR ITS AFFILIATES,
EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE
FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR
PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES
RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR
OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NepalBazaar.com OR
ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR
LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN
EXCESS OF $100.
Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD
HARMLESS, NepalBazaar.com AND BE, EACH OF THEIR PARENT AND
AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS,
SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS,
EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY
AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR
DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL
PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES
AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION
REGARDING: (1) YOUR USE OF NepalBazaar.com; (2) NepalBazaar.com’S
USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH
USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION
OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP
ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF
THIS AGREEMENT BY YOU.
International Users. NepalBazaar.com is controlled,
operated and administered by BE from its offices within the
United States. NepalBazaar.com makes no representation that
materials or Content available through NepalBazaar.com are
appropriate or available for use outside the United States and
access to them from territories where their contents are
illegal is prohibited. You may not use NepalBazaar.com or export
the Content in violation of U.S. export laws and regulations.
If you access NepalBazaar.com from a location outside the United
States, you are responsible for compliance with all applicable
laws.
Miscellaneous: NepalBazaar.com reserves the right to
change these Terms of Service at any time in its discretion
and to notify users of any such changes solely by changing
this Terms of Service. Your continued use of NepalBazaar.com
after the posting of any amended Terms of Service shall
constitute your agreement to be bound by any such changes.
Your use of this site prior to the time this Terms of Service
was posted will be governed according to the Terms of Service
that applied at the time of your use.
BE may modify, suspend, discontinue or restrict the use of
any portion of NepalBazaar.com, including the availability of any
portion of the Content at any time, without notice or
liability. BE may deny access to any person or user at any
time for any reason. In addition, BE (or NepalBazaar.com) may at
any time transfer its rights and obligations under this
Agreement to any Tribune Company affiliate, subsidiary or
business unit, or any of their affiliated companies or
divisions, or any entity that acquires BE, NepalBazaar.com or any
of their assets.
These Terms of Service will be governed by and construed in
accordance with the laws of the State of Illinois, without
regard to its conflicts of law provisions. You hereby agree
that any cause of action you may have with respect to
NepalBazaar.com must be filed in a federal or state court located
in Chicago, Illinois, within two months of the time in which
the events giving rise to such claim began, or you agree to
waive such claim. If for any reason any provision of this
Agreement is found unenforceable, that provision shall be
enforced to the maximum extent permissible so as to effect the
intent of the parties as reflected in that provision, and the
remainder of the Agreement shall continue in full force and
effect. Any failure of NepalBazaar.com to enforce or exercise any
provision of this Agreement or related right shall not
constitute a waiver of that right or provision. The section
titles used in this Agreement are purely for convenience and
carry with them no legal or contractual effect. In the event
of termination of this Agreement for any reason, you agree the
following provisions will survive: the provisions regarding
limitations on your use of Content, the license(s) you have
granted to NepalBazaar.com, and all other provisions for which
survival is equitable or appropriate.
Contact Us. To contact
NepalBazaar.com, please use the
following:
NepalBazaar.com
SUPPORT@NepalBazaar.com
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