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User/Member Agreement :
Fineartnepal.com (FAN) is a member based site which is open for all viewers. Materials and information posted in this site are based totally on research works, art activities, clips on Nepalese art and membership plans. FAN provides the information in the field of fine arts, as well as it offers web-based personalized email and membership services pursuant to the terms and conditions set forth below. Your participation as a member/user requires that you use these services in a manner consistent with the terms and conditions of this agreement and with all applicable Nepalese laws and regulations.

Modification of Terms of Service :
FAN reserves the right to add to or change/modify the terms of this agreement and any changes will hence be posted to this website for notification. It is your responsibility as a member/user to refer to the terms for accessing these services. Changes could be made by FAN after the first posting to the site and you will be deemed to have accepted any change if you continue to access/use the site after that time.
FAN reserves the right to modify, suspend/cancel, or discontinue any contents,(except member’s details, make modifications and alterations in any or all of the information contained on the site without prior notice.

Membership policy and Charges :
FAN will begin the service of website membership upon submission of application for membership, as per the information submitted on the form. There are three categories for membership and you have a choice to go for any one categories appropriate for you. This information can be changed or updated anytime after membership has been established.
Reasonable fee will be charged in annual basis for subscription or membership fees as mentioned in the membership form and FAN reserves the right to change subscription or membership fees without prior notice.

Registration Data :
The registration data received by FAN with/within membership form will be granted and the information given to FAN will be posted on the web as according to our membership plan choosen by applicant. Although, thorough checking and verification of the registration data provided by the membership applicant will be carried out, FAN will not be responsible for any loss of character if any false or damaging information is given to FAN. The accuracy of the information submitted is the sole responsibility of the applicants. FAN holds the right not to grant membership if any false or suspicious information are found in the membership form or registration data.

Privacy :
Each and every field in the form should be filled but you deserve the right not to post all the information in the web. You should clearly mention about such information in the form. The data you don’t want to post in the web will be truly confidential and will be used in the office record only. To the member, who has chosen the membership category with e-mail service facility, FAN will guarantee for not to intentionally monitor or disclose their private email messages or addresses.

Personal Use and Security :
This Service is for personal use. The Service shall not be used for any illegal purposes as prohibited by Nepalese. The Service shall not be resold without express consent of FAN. FAN holds responsibility for maintaining the site information confidentially and providing the complete web facility for use by the members, including email service, upgrading information and on-line gallery.

Terms of Use :
This agreement shall be in effect throughout the duration of use of the Membership Services of FAN. FAN reserves the right to terminate your access to the services or any portion there of at any time, without notice and returning the membership or subscription fees if any part of the terms and conditions of this agreement are found to be violated. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.

Membership can be terminated at any time by the member with a prior notification of at least a month. In this case, yearly membership fee will not be returned in case of remaining months.

FAN may also terminate or suspend your access to the services for inactivity, which is defined as failing to renew a particular service for an extended period of time, such period of time currently considered to be one calendar year. After such period of inactivity, the member will be informed of the pending suspension of membership and unless activity resumes, FAN will be forced to terminate the service of the member. To regain the membership, such ex-member will have to pay 10% fine of the membership fees.

FAN shall have no obligation to maintain any content or to forward any unread or unsent messages to any member or third party.


Terms of Use of E-mail Services :
The FAN provides free e-mail facility to the advanced category member and other members need to pay extra charge as mentioned in the form to obtain this facility. As an e-mail user, members should agree to abide with the following terms in addition to any other specific terms, which shall be posted in the site in future.

Each registration is for a single individual user only. To access e-mail service, you will be asked to enter your individual User Name and password. Therefore, we do not permit any of the following :

* Any other person sharing your User Name and Password
* Access through a single User Name and Password being made available to multiple users on a network. If we reasonably believe that a User Name and Password are being used in any of these ways, we reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address.
* All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly or privately transmitted/posted, is the sole responsibility of the person from where such content originated. You shall be solely responsible for all content that you upload, post or otherwise transmit. FAN does not control the content posted via chat and other community services and, as such, does not guarantee the accuracy, integrity or quality of such content.
* You understand that by using such services, you may be exposed to objectionable matter. Under no circumstances will FAN be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, uploaded on this site.
* By using the facility of chat and other community services you agree not to upload, post, or otherwise transmit any matter or views that is/are, defamatory, abusive, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
You may also not indulge in cyber stalking become or create a nuisance for any person.
* You may not send, submit, post, or otherwise transmit, messages or material that contain software virus, or any other files that are designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of this site, or other user's ability to engage in real time exchanges.
FAN shall at its sole discretion terminate your account without any prior notice for any violation of the Terms of Use.

Limitation of Liability :
FAN shall not be liable for any indirect, incidental or consequential damages or for interrupted communications, lost data or lost profits arising out of or in connection with this agreement, even if FAN has been advised of the possibility of damages. Some jurisdictions do not allow the limitation of liability, so the above limitations may not apply in all situations.

To keep FAN and its services sleek and healthy, utmost efforts and precautions will be taken, but FAN makes no guarantee that any services will be uninterrupted, timely, secure or error-free. Using the FAN services, you agree that FAN has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by FAN.


Proprietary Rights to Content :
All content including, but not limited to text, photographs, graphics or other material contained either in the member’s profile, sponsor advertisements or email-distributed, commercially-produced information presented by FAN is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Use of such content is permissible as authorized by FAN or the Advertiser.

Without the advance express written permission from the FAN, viewers/users are not permitted to use the materials posted in this site commercially. You are permitted to print or download extracts from these pages for your personal, non-commercial use only. Any copies of these pages saved to disk or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for personal use. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this site for commercial use. No part of The Site may be reproduced or transmitted to or stored in any other web site, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission. Legal action can be taken if any discrimination of the materials posted in this site is found according to the applicable national laws. But FAN will not take any responsibilities for the unauthorized use of any posted materials, including text and graphics of the members if any occurs.

Links to Third Party Sites :
The FAN site may contain images of and links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of FAN and FAN is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FAN is not responsible for webcasting or any other form of transmission received from any Linked Site nor is FAN responsible if the Linked Site is not working appropriately. FAN is providing these links to you only as a reference for your convenience, and the inclusion of any link does not imply endorsement by FAN of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

No Unlawful or Prohibited Use :
As a condition of your use of the FAN, you will not use the FAN for any purpose that is unlawful or prohibited by these terms, conditions, notices and law. You may not use the FAN Sites/Services in any manner that could damage, disable, overburden, or impair any FAN Site/Service(s).

Advertising Material :
FAN site will contain advertising and other material submitted to FAN by third parties. Advertisers are responsible for ensuring that material submitted for inclusion on the Site complies with applicable International and National law. FAN will not be responsible for any advertiser's claim, error, omission or inaccuracy in advertising material, and reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Site will be subject to FAN terms and conditions, which are available on request.

Nepalese Law :
This agreement will be governed by and constructed in accordance with the laws of Nepal. If any provision of this Agreement is held to be invalid or unenforceable by Nepalese Law, such provision shall be struck and the remaining provisions shall be enforced. The failure of FAN to act with respect to a breach by a member or others does not waive its right to act with respect to subsequent or similar breaches. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Any dispute in between FAN and member/user/advertiser will be settled under the terms and conditions and the rules and regulations of FAN. Any decision taken by FAN will be the final.

   
 
   

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