Terms Of Use

Your Acceptance

BY USING OR VISITING THIS WEBSITE (together with all Content available through the SongsNepal.com domain name and other sites owned, operated or controlled by Do Surfin Pvt. Ltd., the “Website”), OR SUBMITTING ANY CONTENT TO THIS WEBSITE, YOU SIGNIFY YOUR ASSENT TO (1) All TERMS AND CONDITIONS (the “Terms and Conditions”), AND (2) SongsNepal.com’S PRIVACY POLICY at http://www.SongsNepal.com/privacypolicy. In addition, if you have submitted your Content through the ProducerTM Program, you signify your assent to their additional terms & conditions. These Terms & Conditions will apply to all users of the Website. If you do not agree with the Terms & Conditions, the Privacy Policy and/or the Terms & Conditions of the ProducerTM Program, then use of the website is not advised.

Links

The Website may contain links to third party websites that are not owned or controlled by SongsNepal. As SongsNepal is not affiliated to these third party websites, SongsNepal has no control over, or assumes any responsibility for the content, privacy policies, or practices by these third party websites. In addition, SongsNepal will not be able to censor or edit any content of any third party website. By the use of those websites, you will expressively release SongsNepal from any or all liability arising from your use of any third party websites. Accordingly, we encourage you to be fully aware when you leave site through any third party links and that before the usage of such third party websites that you be fully aware of their privacy policy.

Website Access

SongsNepal hereby grants you permission to use the Website, provided that: (i) your use of the Website is solely for your personal, noncommercial use; (ii) you will not copy, distribute or modify any part of the Website without SongsNepal’s prior written authorisation; (iii) you will not send unsolicited or unauthorised advertisements, spam, chain letters, etc.; (iv) you will not transmit any Content that may contain software viruses, or any other harmful computer code, files or programs; (v) you will also not disrupt any servers or networks connected to the Website; and (vi) you will comply to all the aforementioned Terms & Conditions.

In order to access all features of the Website, you would have to create an account on our SongsNepal.com’s domain. You may never use someone else’s account without permission. When creating your account, please provide us with accurate and complete information of you. You are solely responsible for all actions under the usage of your account so please keep your password secured. If such breach of any security or unauthorised use of your account occurs, you must notify SongsNepal. You will be liable to any use made under your account or password and the losses of SongsNepal or others due to the unauthorised use as SongsNepal will not be responsible under such circumstances.

You agree not to use or launch any automated system, including without limitation, “robots”, “spiders” and “offline readers”, that acesses the Website in any manner that will cloud the functionality of SongsNepals servers in any given period of time by using a conventional online web browser. SongsNepal grants the operators of public search engines permission to use spiders in order to copy materials from the Website for the sole purpose of creating a publicly searchable indices of the materials, but not caches or archives of such materials. SongsNepal reserves the right to revoke these exceptions either in general or specified cases. You agree not to collect or harvest any Personal Identifiable Information, including account names or e-mail addresses from the Website, nor to use the communication system provided by the Website for any commercial solicitation purposes. You agree not to solicit any Users of the Website for any commercial purposes with respect to their User Submissions (as defined below).

SongsNepal has all the rights to terminate your access to the Website, in its sole discretion, immediately with or without cause.

Intellectual Property Rights

The content on this Website, including all the submissions by the user, including without limitations, the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (“Content”) and all trademarks, services, marks and logos contained therein (“Marks”), are owned by or licensed to SongsNepal. Content available on the Website is only to be provided to you “AS IS” for your information and personal use and may not be copied, distributed, used, broadcasted, displayed, sold, licensed, reverse engineered, decomplied, or otherwise exploited for any other purposes or whatsoever without SongsNepal’s prior written consent. SongsNepal will reserve all rights to be granted in and to the Website. If you download or print any content from the Website, you areto retain all copyright and other propriety notices contained therein. You agree not to circumvent , disable or otherwise interfere with any security related features of the Website or features that might prevent or restrict theuse or copying of any Content or enforce any limitations on the Website.

User Submissions

The Website will facilitate the submission of videos or any other media Content by you or any other user (“User Submissions”)and also hosting and publishing the content of such User Submissions. Whether we choose or not to choose to publish your content on our Website, it is to be understood that SongsNepal does not guaranteed full confidentiality with respect to any User Submissions. SongsNepal will have complete discretion on whether to display your content that you previously submitted on the website.  You shall be solely responsible for all submissions and publishing of any content under your account on the Website of SongsNepal.com. You represent and warrant that (i) you own or have all the necessary rights and permissions to use and will authorise SongsNepal to use all copyrights, trademarks and propriety rights in and to any User Submissionsto enable inclusions and use thereof as contemplated by the Website and these Terms & Condition; and (ii) you have the written consent and/or permission to use their name or likeness of each and every identifiable individual in the User Submission as contemplated by the Website and these Terms & Conditions.

You will retain all ownership rights in your User Submissions. However, by submitting to the User Submissions on SongsNepal, you will be hereby granting SongsNepal, in addition to any other rights which will be pursuant to any other programs to be established by SongsNepal, a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works of (including without limitations, to rename, edit, shorten, split the videos into different segments, and/or use the entire video or segments as part of compilations), display, and perform the User Submissions in connection with the Website and SongsNepal’s (and its successor’s) businesses, including without limitation to grant access to the Website to third parties to view the User Submission (and derivative works thereof). You may notify SongsNepal to remove User Submission from the Website, and within a reasonable time period SongsNepal will do so, and will also terminate the usage and foregoing license granted by the Website to you prior on removal.

You will also hereby grant each user of the Website or any other viewer of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display or perform any User Submissions, all for non-commercial and personal use.

You agree that you will not: (i) submit any material that is copyrighted, protected by trade secrets or otherwise subjugated to third party proprietary rights, including privacy and publicity rights, unless you are the owner or have full permission from the rightful owner to post such User Submission and grant SongsNepal all of the license rights granted herein; (ii) publish falsehoods or misinterpretations that could damage the image of SongsNepal or any other third party; (iii) submit materials that might be unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, distasteful, racially or ethnically offensive, or encourages conduct of criminality, give rise to civil liability, violation of any law, or is otherwise considered inappropriate; or (iv) misidentify yourself in the User Submission or misstate your true identity when submitting any content.SongsNepal will not be endorsingany User Submission or any opinion, or any recommendations, or any advice expressed therein, and SongsNepal expressly disclaims any and all liability in connection with User Submissions.

You should understand that during any usage of the Website, you will be exposed to User Submissions from variety of sources, and that SongsNepal will not be liable for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Submissions. You may be unintentionally exposed to inaccurate, indecent, offensive, or opposable User Submissions, in which you have to hereby waive any legal or equitable rights or remedies you may have against SongsNepal with respect thereto, and agree to indemnify and hold SongsNepal, its owners, its affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law in regards to all matters relating to your usage of our Website. You acknowledge that access of certain content available on the Website which depict violence, or contain images of nudity or sexual acts or other sexual material (“Mature Content”) is permitted only if you are over the minimum age applicable in your jurisdiction (often but not necessarily 18 or 21 years of age).

Copyright and Content Policy

SongsNepal respects all the intellectual property rights of others, and requests you to do the same. SongsNepal will not permit copyright infringing activities and infringement of intellectual property rights on its Website or related services, and SongsNepal will indefinitely remove such Content if prior notifications are flagged that those Content has infringed another’s intellectual property rights. SongsNepal reserves all rights to remove such Content without prior notice. SongsNepal will also terminate a User’s account if the User is determined to be a repeat infringer of copyright. SongsNepal may remove such Content and/or terminate a User’s account at any time if a violation of these Terms & Conditions occurs, without prior notice and at its sole discretion.

If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide SongsNepal’s Copyright Agent the following information:

User’s access for uploading such Content in violation of these Terms & Conditions at any time, without prior notice and at its sole discretion.

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in an email enables us to most efficiently locate and remove the infringing material.

(iv) Providence of information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

Songsnepal’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

By mail: Copyright Agent

Do Surf In Pvt. Ltd.
Bagbazaar, Kathmandu
Nepal

By phone: 977 1 4243229

By email: contact@Songsnepal.com

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SongsNepal, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SongsNepal MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT AND WILL ASSUME NO LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF ANY CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKEs WHICH MAY HAVE BEEN TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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 ON OR VIA THE WEBSITE. SongsNepal DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR FEATURED IN ANY ADVERTISEMENT, AND SongsNepal WILL NOT BE IN ANY INVOLVED TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTIONS BETWEEN YOU AND THE THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

Limitation of Liability

IN NO EVENT SHALL SongsNepal, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SongsNepal IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

YOU SPECIFICALLY ACKNOWLEDGE THAT SongsNepal SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnity

You agree to defend, indemnify and hold SongsNepal, its affiliates, and their respective officers, directors, employees and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Website; (ii) your violation of these Terms & Conditions; (iii) your violation of the terms which applies to your User Submission; (iv) your violation of any third party rights, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that one of your User Submissions caused irreconcilable damage to any third party. This defense and indemnification obligation will survive these Terms & Conditions and your usage of the Website.

Ability to Accept Terms & Conditions

Your affirmation will prove that you are either more than 18 years of age or possess legal parental or guardian consent to be an avid User of SongsNepal and that you have come into all the terms of these Terms & Conditions, and will comply with these Terms of Use. In any case, you have to affirm that you are over the age of 13, as the Website is not intended for the use of any children under the age of 13. If you are under 13 years of age, then please be advised against the use our Website for there are lots of other great websites for you. Please talk and ask for advice from your parents about what sites are appropriate for you.

Assignment

These Terms & Conditions, and any rights and licenses granted here-under, may not be transferred or assigned by you, but may be assigned by Songsnepal without restriction.