End User License Agreement (EULA)
1. ACKNOWLEDGEMENT :
This End-User License Agreement (“EULA”) is a legal agreement between you and SearchNepal. This agreement is between user and SearchNepal only, and not Google Play Store or Apple Inc. (“Apple”). SearchNepal, not Google play store / Apple is solely responsible for the SearchNepal iOS App/Android app and their content. Although Apple/google isn’t not a party to this agreement, Apple/google has the right to enforce this agreement against you as a third-party beneficiary relating to your use of the SearchNepal iOS App/Android app.
2. SCOPE OF LICENSE :
SearchNepal iOS App/Android app grants you a limited, non-exclusive, non-transferrable, revocable license to use the SearchNepal iOS App/Android app for your personal, noncommercial purposes. You may only use the SearchNepal iOS App/Android app on an iPhone, iPod Touch, iPad, or other Apple device or mobile device that you own or control and as permitted by the Apple/google App Store Terms of Service.
3. MAINTENANCE AND SUPPORT :
Because the SearchNepal iOS App/Android app is free to download and use, SearchNepal does not provide any maintenance or support for them. To the extent that any maintenance or support is required by applicable law, SearchNepal, , shall be obligated to furnish any such maintenance or support.
4. WARRANTY :
The SearchNepal iOS App/Android app is provided for free on an “as is” basis. As such, SearchNepal disclaims all warranties about the iOS App/Android app to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, iOS App/Android app, not Apple, shall be solely responsible for such warranty.
5. PRODUCT CLAIMS :
SearchNepal does not make any warranties concerning the SearchNepal iOS App. To the extent you have any claim arising from or relating to your use of the SearchNepal App, SearchNepal not Apple is responsible for addressing any such claims, which may include, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. The EULA may not limit the liability of SearchNepal to you what is permitted by applicable law.
6. INTELLECTUAL PROPERTY RIGHTS :
SearchNepal shall not be obligated to indemnify or defend you with respect to any third-party claim arising out or relating to the SearchNepal iOS /android App. To the extent SearchNepal is required to provide indemnification by applicable law, SearchNepal, not Apple shall be solely responsible for the investigation, defense, settlement and discharge of any claims that the SearchNepal or your use of it infringes any third-party intellectual property right.
7. GOVERNING LAWS AND JURIDICTION:
This Privacy Policy shall be governed by; interpreted and construed in accordance with Law of Nepal. The jurisdiction and venue of any action with respect to the subject-matter of this Agreement shall be the Courts of Rupandehi in Nepal and each of the parties hereto submits itself to the exclusive jurisdiction and venue of such courts for the purpose of any such action.
8. THIRD PARTY TERMS OF AGREEMENT :
You must comply with applicable third-party terms of agreement when using the SearchNepal (e. g. your wireless data service agreement). Your right to use the SearchNepal App will terminate immediately if you violate any provision of this License Agreement. The party providing your mobile OS (Apple) has no obligation whatsoever to furnish any maintenance and support services with respect to the SearchNepal App.
9. THIRD PARTY BENEFICIARY :
Apple and Apple subsidiaries are third party beneficiaries of the EULA, and that, upon your acceptance, such third-party beneficiary will have the right (and will be deemed to have accepted right) to enforce the agreement against you.
10. USER GENERATED CONTRIBUTIONS :
The App lets you to chat, contribute to, or participate in product buy and sell and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the App, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the App and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• User are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the App, and other users of the App to use your Contributions in any manner contemplated by the App and these Terms of Use.
• User have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of User Contributions in any manner contemplated by the App and these Terms of Use.
• User Contributions are not false, inaccurate, or misleading.
• User Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• User Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
• User Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• User Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
• User Contributions do not violate any applicable law, regulation, or rule.
• User Contributions do not violate the privacy or publicity rights of any third party.
• User Contributions do not include sexual or pornographic material, defined by Webster’s Dictionary as explicit descriptions or displays of sexual organs or activities intended to stimulate erotic rather than aesthetic or emotional feelings.
• User Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
• User Contributions do not violate any federal or state law concerning pornography, or otherwise intended to protect the health or well-being of minors.
• User Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• User Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
• Trading and offering drugs or narcotic items are prohibited
• Dealing with arms and ammunitions and chemicals/mechanical items used to create arms and ammunition is prohibited
• All trades are done on peer to peer basis and SearchNepal categorically bears no responsibility on behalf of the users unless explicitly endorsed by this app.
• SearchNepal does not offer any kind of buyer protection.
• SearchNepal is not involved in buying or selling activities nor does it act as a middleman.
There is no tolerance for objectionable content or abusive users in the App.
Any use of the App in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the App.
SearchNepal addresses all objectionable content within 24 hours.
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