- Panchey Baaja provides an online social networking service. This Agreement includes Panchey Baaja’s policy for acceptable use of the:
- Panchey Baaja Services and Content posted on the Panchey Baaja Website, your rights, obligations and restrictions regarding your use of the Panchey Baaja Services
- Panchey Baaja’s Terms of Service.
- Panchey Baaja Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit information or any information prohibited under Section 7 of this Agreement, and Panchey Baaja assumes no responsibility or liability for and the user posting such material shall be held liable for any legal action. The user indemnifies Panchey Baaja (Half Full Technology Pvt. Ltd.) from any form of legal action for such behavior.
- Panchey Baaja reserves the right, in its sole discretion, to reject, refuse to post or remove any postsby you, or to restrict, suspend, or terminate your access to all or any part of the Panchey Baaja Services at any time, for any or no reason, with or without prior notice, and without liability. Panchey Baaja expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Panchey Baaja Services if Panchey Baaja determines, in its sole discretion, that you pose a threat to Panchey Baaja and/or its Users.
- In order to enable a few features on Panchey Baaja, you may use our address book or “contacts” importer (or other similar features) to upload your phone address book into our Services. Any information that you upload or sync with our Services is covered by the User Agreement. You can remove your address book and any other synced information at any time.
- Use of and Membership in the Panchey Baaja Services is void where prohibited. By using the Panchey Baaja Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 20 years of age or older and reached the age of marriage under your national laws; and (d) your use of the Panchey Baaja Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 20 years of age or fails to reach the age of marriage under your national laws.
- This Agreement shall remain in full force and effect while you use the Panchey Baaja Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member’s Account Settings page. Panchey Baaja may terminate your Membership at any time, without warning.
- Passwords and Confidential Informations
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Panchey Baaja via firstname.lastname@example.org immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
- Non-commercial Use by Members
The Panchey Baaja Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Panchey Baaja. Illegal and/or unauthorized use of the Panchey Baaja Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Panchey Baaja Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Panchey Baaja Services.
- Proprietary Rights in Content on Panchey Baaja.
|1.||By displaying or publishing (“posting”) any Content on or through the Panchey Baaja Services, you hereby grant to Panchey Baaja a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Panchey Baaja Services.|
|2.||You represent and warrant that: (i) you own the Content posted by you on or through the Panchey Baaja Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Panchey Baaja Services does not violate the privacy rights publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted byyou to or through the Panchey Baaja Services.|
|3.||The Panchey Baaja Services contain Content of Panchey Baaja (“Panchey Baaja Content”). Panchey Baaja Content is protected by copyright, trademark, patent, trade secret and other laws, and Panchey Baaja owns and retains all rights in the Panchey Baaja Content and the Panchey Baaja Services. Panchey Baaja hereby grants you a limited, revocable, non-sub licensable license to reproduce and display the Panchey Baaja Content (excluding any software code) solely for your personal use in connection with viewing the Panchey Baaja Website and using the Panchey Baaja Services.|
|4.||The Panchey Baaja Services contain Content of Users and other Panchey Baaja licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Panchey Baaja Services.|
- Content/Activity Prohibited
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Panchey Baaja Services. Panchey Baaja reserves the right to investigate and take appropriate legal action against anyone who, in Panchey Baaja’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Panchey Baaja Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Panchey Baaja:
|1.||is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;|
|2.||harasses or advocates harassment of another person;|
|3.||exploits people in a sexual or violent manner;|
|4.||contains nudity, violence, or offensive subject matter or contains a link to an adult website;|
|5.||solicits personal information from anyone under 18;|
|6.||promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;|
|7.||promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;|
|8.||involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, or “spamming”;|
|9.||contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);|
|10.||furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;|
|11.||solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;|
|12.||involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;|
|13.||includes a photograph of another person that you have posted without that person’s consent; or|
|14.||for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.|
The following is a partial list of the kind of activity that is illegal or prohibited on the Panchey Baaja Website and through your use of the Panchey Baaja Services. Panchey Baaja reserves the right to investigate and take appropriate legal action against anyone who, in Panchey Baaja’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
|1.||criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;|
|2.||Advertising to, or solicitation of, any Member to buy or sell any products or services through the Panchey Baaja Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Panchey Baaja Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Panchey Baaja reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Panchey Baaja deems appropriate in its sole discretion.|
|3.||covering or obscuring the banner advertisements on your personal profile page, or any Panchey Baaja page via HTML/CSS or any other means;|
|4.||any automated use of the system, such as using scripts to add friends or send comments or messages;|
|5.||interfering with, disrupting, or creating an undue burden on the Panchey Baaja Services or the networks or services connected to the Panchey Baaja Services;|
|6.||attempting to impersonate another Member or person;|
|7.||for band profiles, copying the code for your Panchey Baaja Player and embedding it into other profiles or asking other Members to embed it into their profiles;|
|8.||using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;|
|9.||selling or otherwise transferring your profile;|
|10.||using any information obtained from the Panchey Baaja Services in order to harass, abuse, or harm another person;|
|11.||displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Panchey Baaja Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or|
|12.||using the Panchey Baaja Services in a manner inconsistent with any and all applicable laws and regulations.|
- Member Disputes
You are solely responsible for your interactions with other Panchey Baaja Members. Panchey Baaja reserves the right, but has no obligation, to monitor disputes between you and other Members.
Panchey Baaja is not responsible for any incorrect or inaccurate Content posted on the Panchey Baaja Website or inconnection with the Panchey Baaja Services, whether caused by Users of the Panchey Baaja Services or by any of the equipment or programming associated with or utilized in the Panchey Baaja Services. Profiles created and posted by Members on the Panchey Baaja Website may contain links to other websites. Panchey Baaja is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Panchey Baaja. Inclusion of any linked website on the Panchey Baaja Services does not imply approval or endorsement of the linked website by Panchey Baaja. When you access these third-party sites, you do so at your own risk. Panchey Baaja takes no responsibility for third party advertisements which are posted on this Panchey Baaja Website or through the Panchey Baaja Services, nor does it take any responsibility for the goods or services provided by its advertisers. Panchey Baaja is not responsible for the conduct, whether online or offline, of any User of the Panchey Baaja Services. Panchey Baaja assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Panchey Baajais not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Panchey Baaja Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Panchey Baaja Services. Under no circumstances shall Panchey Baaja be responsible for any loss or damage, including personal injury or death, resulting from use of the Panchey Baaja Services, from any Content posted on or through the Panchey Baaja Services, or from the conduct of any Users of the Panchey Baaja Services, whether online or offline. The Panchey Baaja Services are provided “AS-IS” and as available and Panchey Baaja expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Panchey Baaja cannot guarantee and does not promise any specific results from use of the Panchey Baaja Services.
- Limited Liability
In no event shall Panchey Baaja be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of theservices, even if Panchey Baaja has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Panchey Baaja’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Panchey Baaja for the Panchey Baajaservices during the term of membership.
If there is any dispute about or involving the Panchey Baaja Services, you agree that the dispute shall be governed by the laws of Nepal, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of Nepal. Either Panchey Baaja or you may demand tha tany dispute between Panchey Baaja and you about or involving the Panchey Baaja Services must be settled by mediation using dispute resolution procedures of Nepal, provided that the foregoing shall not prevent Panchey Baaja from seeking injunctive relief in a court of competent jurisdiction.
You agree to indemnify and hold Panchey Baaja, its subsidiaries, and affiliates, and their respective officers,agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Panchey Baaja Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Panchey Baaja Website or through the Panchey Baaja Services causes Panchey Baaja to be liable to another.
- Entire Agreement