Terms of ServiceNepali Rescue Project Inc., its subsidiaries and affiliates (“Nepali Rescue Project,” “we,” “us,” “our”) owns and operates Nepali Rescue Project and its network of websites including nepalirescueproject.com, mobile applications, and any other linked and related pages, content, features, products, software, video player and tools offered by Nepali Rescue Project (the “Services”).
MODIFICATION OF TERMSNepali Rescue Project reserves the right, in its sole discretion, to modify the Terms of Service at any time by posting a notice on the Nepali Rescue Project website, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you following such notice constitutes your acceptance of the terms and conditions of the Terms of Service as modified.
ELIGIBILITY TO USE SERVICESYou must be 13 years or older to use our Services. If you believe that a child under 13 has used our Services and provided us any information, please contact us at [email protected] This Agreement is void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions. By accessing the Services, you represent and warrant to Nepali Rescue Project that: (i) you are an individual (i.e., not a corporation) at least 13 years old; (ii) you are of legal age to form a binding contract or have your parent’s permission to do so; (ii) all registration information you submit is accurate and truthful and you will maintain the accuracy of such information; (iv) you are legally permitted to use and access the Services and take full responsibility for your access, selection and use of the Services.
REGISTRATION FOR CERTAIN SERVICESYou may be required to register and select a password and username (“Nepali Rescue Project User ID”) to use certain Services. You may not (i) select or use as a Nepali Rescue Project User ID a name of another person with the intent to impersonate that person; or (ii) use as a Nepali Rescue Project User ID a name subject to any rights of a person other than you without appropriate authorization. You shall provide Nepali Rescue Project with accurate, complete, and updated registration information. You shall be responsible for maintaining the confidentiality of your password. Any failure to comply with this provision may result in immediate termination of your account. Nepali Rescue Project reserves the right to refuse registration of, or cancel a Nepali Rescue Project User ID in its discretion. If you are accessing the Services through a third party site or service (such as “Facebook Connect”), Nepali Rescue Project may require that your Nepali Rescue Project User ID be the same as your user name for such third party site or service. By providing your third party account credentials to Nepali Rescue Project, you are consenting to have the information in those accounts transmitted into your Nepali Rescue Project account. You shall only use third party accounts owned by you and not by any other person or entity.
USER SUBMISSIONSIn the course of using the Services, you and other users may provide information which may be used by Nepali Rescue Project in connection with the Services and which may be visible to certain other users. By posting information, images, video, blogs, or other content on the Services (collectively, “User Submissions”) or otherwise providing User Submissions to Nepali Rescue Project or in connection with the Services, you hereby grant to (i) Nepali Rescue Project a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable, transferable right to fully exploit (including without limitation, reformatting, modifying, creating derivative works of, and translate) such User Submissions (including all related intellectual property rights) in connection with the Services and Nepali Rescue Project’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Services (or any derivative works thereof) in any media formats and through any media channels, and to allow others to do so; and (ii) each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted through the functionality of the Services and under this Agreement. The foregoing license grant to Nepali Rescue Project does not affect your ownership of or right to grant additional non-exclusive licensees to the material in your User Submissions, unless otherwise agreed in writing. You, not Nepali Rescue Project, remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Nepali Rescue Project and to grant Nepali Rescue Project the rights to use such information in connection with the Services and as otherwise provided herein. You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that Nepali Rescue Project will not be liable for any errors or omissions in any such content. You understand that Nepali Rescue Project cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, Nepali Rescue Project cannot guarantee the authenticity of any data, which users may provide about themselves. You acknowledge that all Content and User Submissions accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
- • Copyrights. All materials displayed or performed on the Services, or which may be made available for your download (including, but not limited to text, blogs, graphics, articles, photographs, images, illustrations video and User Submissions (also known as the “Content”), are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. The Services are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
- • Personal, Non-Commercial Use. The Services, and their Contents are intended solely for your personal, non-commercial use (except as specifically and expressly agreed in writing by Nepali Rescue Project in connection with a specific feature of the Service only) and may only be used in accordance with the terms of this Agreement. You may download or copy the Content for personal, non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not copy or store any Content except for personal, non-commercial use unless you have prior written permission from an officer of Nepali Rescue Project, or from the copyright holder identified in such Content’s copyright notice. You shall not store any significant portion of any Content in any form.
- • Guidelines for Posting and/or Viewing. Without limiting the other terms and conditions in this Agreement, you acknowledge and agree to the following guidelines for posting and/or viewing User Submissions and other Content on or through the Services:
- Any comment made using your identity or screen name will be deemed to have been posted by you.
- Keep all comments relevant and “on topic” to the particular Service posting that is open for comments.
- You shall not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.
- You shall not make false or misleading statements.
- You shall not offer to sell or buy any product or service, or post links to third party websites, without prior written permission from Nepali Rescue Project in connection with a feature of the Services.
- You shall not post material that infringes the intellectual property rights or other proprietary rights, or rights of publicity or privacy, of any third party.
- You shall not post information that is confidential or sensitive.
- You shall not post any content that objectionable or illegal (as described below), or could create a risk of harm, loss or damage of any kind.
- • Objectionable or Illegal Content. You agree that you will not use the Services to send or post Content of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane (unless such use is warranted within the topic area of a particular message board, as determined by Nepali Rescue Project in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law or regulation. You agree not to use the Services to distribute or send any illegal Content of any kind. Posting illegal Content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
- • Links. If you link to the Services, Nepali Rescue Project may revoke your right to so link at any time, at Nepali Rescue Project’s sole discretion. Nepali Rescue Project reserves the right to require prior written consent before linking to the Services.
- • Company’s Right to Monitor. Nepali Rescue Project has no obligation and assumes no responsibility for monitoring the Services or User Submission for inappropriate Content or conduct of its users. However, Nepali Rescue Project reserves the right to monitor, block or remove Content (including disabling access to User Submissions that you have downloaded through the Service) for any or no reason without notice to you. If Nepali Rescue Project chooses, in its sole discretion, to monitor the Services, Nepali Rescue Project assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content and no responsibility for the conduct of the user submitting any such Content.
- • Company’s Right to Remove Content. Nepali Rescue Project reserves the right to remove any Content from the Services at any time, for any reason or no reason in its sole discretion.
- • Video Player. If you use the Nepali Rescue Project Video Player offered through the Nepali Rescue Project websites (the “Video Player”) on your blog, you must include a prominent link back to the Nepali Rescue Project website on the pages containing the Video Player, and you may not modify, improve, delete or block any portion of the Video Player in any way. You may not use the Video Player with the purpose of obtaining advertising or subscription revenue, or for any other commercial purpose, and you may not sell advertising in connection with the Services or third party User Submissions (except you may use the Video Player to show videos on an ad-enabled blog if the primary purpose of using the Video Player (as determined by Nepali Rescue Project in its sole reasonable discretion) is not to gain advertising revenue or compete with the Services and if the advertising is not offered through the Video Player or on or through any third party User Submission) without the prior written consent of Nepali Rescue Project.
- • No Endorsement. You acknowledge that Nepali Rescue Project does not endorse or guarantee any user blogs, video, or other User Submissions and you may not state or imply any such endorsement or guarantee.
Nepali Rescue Project SELECT PROGRAM
- • Blogger Content. If you are a member of the Nepali Rescue Project Select program, any content you create and submit (“Blogger Content”) must be your original content and never before published by you or any third party. For any editorial Blogger Content that is accepted by the Nepali Rescue Project Select Team, you agree not to publish such Blogger Content on any other website (including your own blog) unless we specify to you in writing that you may publish the Blogger Content on your own blog or website. You may, however, link to the Blogger Content on nepalirescueproject.com from your site or other sites, provided that you comply with all applicable policies, terms and procedures of all applicable social media sites’ and other online/mobile services, including but not limited to those of Facebook, Twitter, and Pinterest as it relates to the promotion of the Blogger Content.
- • Nepali Rescue Project’s Rights and License. Nepali Rescue Project reserves the exclusive right to choose what Blogger Content to publish or not publish in its sole discretion and is not obligated to provide you with a reason for rejecting any submitted Blogger Content and reserves the exclusive right to remove and permanently delete the Blogger Content without notice, in its sole discretion. In submitting your Blogger Content, you grant Nepali Rescue Project an exclusive, perpetual, worldwide, royalty-free, irrevocable, sublicenseable, transferable, license and right to use and exploit the Blogger Content, so long as we give you writer’s credit, including without limitation to link to or independently re-publish (in whole or in part). You also agree that Nepali Rescue Project and any of its sublicensees are free to attribute the Blogger Content to you, your website, or your blog, and use your appearance, name, likeness in connection with the marketing and advertising of the blog materials for all institutional and historical purposes.
- • Third Party Clearances. If your Blogger Content includes references to, or images of, third parties (i.e., someone other than you) or other performances or content provided by third parties, including copyrights (including without limitation, copyrighted images or footage), trademarks or rights of privacy or publicity, you agree that you have all necessary permissions from these third parties to permit Nepali Rescue Project and/or any of its partners to use and display the Blogger Content, including releases from all persons appearing in the photograph, location releases for all recognizable locations, and releases from anyone who assisted in the creation of the photograph. You must be able to provide all appropriate clearances, permissions and releases from anyone who assisted in the creation of such images or other content you submit. In the event you cannot provide all required releases upon our request, Nepali Rescue Project reserves the right, in our sole discretion, to disqualify the applicable submission or seek to secure the releases and clearances for our own benefit.
- • Third Party Product. If you participate in the Nepali Rescue Project Select Program, you may receive a retail product, or other good (“Third Party Product”) from a manufacturer, promoter, or individual or entity representing such product, and not Nepali Rescue Project. Nepali Rescue Project makes no representations or warranties whatsoever with regard to any Third Party Product provided or offered, and you acknowledge and agree that any reliance on representations and warranties provided by the third party company brand shall be at your own risk. Nepali Rescue Project disclaims, and you agree to assume, all responsibility and liability, whether to you or third parties, resulting from your use of the Third Party Product.