Terms of ServicesLast updated: November, 2017
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
By posting Content on or through the Service, You represent and warrant that:
- The Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms
- That the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
We have the right but not the obligation to monitor and edit all Content provided by users. In addition, Content found on or through this Service are the property of Namchey Pvt. Ltd. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from the original creator of the content.
Terms regarding Content
- As a Namchey account holder you may submit Content. You understand that whether or not Content is published, Namchey does not guarantee any confidentiality with respect to Content.
- You retain all of your ownership rights in your Content, but you are required to grant limited license rights to Namchey and other users of the Service. These are described in paragraph 8 of these Terms (Rights you license).
- You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. Namchey does not endorse any Content or any opinion, recommendation, or advice expressed therein, and Namchey expressly disclaims any and all liability in connection with Content.
- You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable Namchey to use your Content for the purposes of the provision of the Service by Namchey, and otherwise to use your Content in the manner contemplated by the Service and these Terms.
- You agree that your conduct on the site will comply with (and you agree that the content of all of your Content shall comply with) the Namchey Community Guidelines.
- You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for Namchey to use or possess in connection with the provision of the Service.
- You agree that Content you submit to the Service will not contain any third-party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant Namchey the license referred to in paragraph 8.1 below.
- On becoming aware of any potential violation of these Terms, Namchey reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User's access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.
- You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Namchey with respect to any such Content.
Rights you license
- to Namchey, a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and Namchey's business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels
- to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Service and under these Terms.
Namchey's Content on the website
With the exception of Content submitted to the Service by you, all other Content on the Service is either owned by or licensed to Namchey, and is subject to copyright, trade mark rights, and other intellectual property rights of Namchey or Namchey's licensors. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Namchey or, where applicable, Namchey's licensors. Namchey and its licensors reserve all rights not expressly granted in and to their Content.
Links from Namchey
- The Service may include hyperlinks to other web sites that are not owned or controlled by Namchey. Namchey has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites.
- You acknowledge and agree that Namchey is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
- You acknowledge and agree that Namchey is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
Exclusion of Warranties
Nothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so some of these limitations may not apply to you.
- The Service is provided "as is" and Namchey makes no warranty or representation to you with respect to them.
- In particular Namchey does not represent or warrant to you that:
- your use of the Service will meet your requirements,
- your use of the Service will be uninterrupted, timely, secure or free from error,
- any information obtained by you as a result of your use of the Service will be accurate or reliable, and
- that defects in the operation or functionality of any software provided to you as part of the Service will be corrected.
- No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms.
Limitation of Liability
- Nothing in these Terms shall exclude or limit Namchey's liability for losses which may not be lawfully excluded or limited by applicable law.
- Subject to the overall provision in the above point, Namchey shall not be liable to you for:
- Any indirect or consequential losses which may be incurred by you. This shall include:
- any loss of profit (whether incurred directly or indirectly);
- any loss of goodwill or business reputation;
- any loss of opportunity; or
- any loss of data suffered by you;
- Any loss or damage which may be incurred by you as a result of:
- any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service;
- any changes which Namchey may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);
- the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service;
- your failure to provide Namchey with accurate account information;
- your failure to keep your password or Namchey account details secure and confidential
- Any indirect or consequential losses which may be incurred by you. This shall include:
- The limitations on Namchey's liability to you in paragraph 2nd point mentioned above shall apply whether or not Namchey has been advised of or should have been aware of the possibility of any such losses arising.
General Legal Terms
- The Terms constitute the whole legal agreement between you and Namchey and govern your use of the Service and completely replace any prior agreements between you and Namchey in relation to the Service. All other terms of service that Namchey Group may have in place from time to time are expressly excluded from the Terms.
- You agree that Namchey reserves the right, at its sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. Namchey may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
- You agree that if Namchey does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Namchey has the benefit of under any applicable law), this will not be taken to be a formal waiver of Namchey's rights and that those rights or remedies will still be available to Namchey.
- If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
- You acknowledge and agree that each member of the group of companies of which Namchey is a part shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be a third-party beneficiary of the Terms.
- The Terms, and your relationship with Namchey under the Terms, shall be governed by Nepali law. You and Namchey agree to submit to the exclusive jurisdiction of the courts of Nepal to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Namchey shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
When you create an account with us, you guarantee that you are above the age of 13, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to email@example.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
- You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a 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.
Intellectual Property: The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Namchey Group and its licensors. The Service is protected by copyright, trademark, and other laws of both the Nepal and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Namchey.
TerminationWe may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
IndemnificationYou agree to defend, indemnify and hold harmless Namchey group and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.