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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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