Effective date: June 17, 2017
Semantic Creation Pvt. Ltd; VisualiseVR owns and operates www.virtualrealitynepal.com and certain other platforms over which it delivers its products and services, including NepalVR mobile platforms . The Platforms provide virtual tours, including but not limited to realistic 3-D tours, video testimonials and 360 tours of destinations, businesses, landmarks and facilities, and other products and services. The products and services offered by VisualiseVR include the Platforms and any other features, content, functionality or applications offered from time to time by NepalVR in connection with the VisualiseVR Platforms (collectively, the "VisualiseVR Services"). The VisualiseVR Services are hosted in the Kathmandu, Nepal.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND NEPALVR WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
NepalVR may modify this Agreement from time to time and such modification shall be effective upon posting by NepalVR on the NepalVR Platforms. You agree to be bound by any changes to this Agreement when you use the NepalVR Services after any such modification is posted. It is therefore important that you review this Agreement regularly. Your use of the NepalVR Services is subject to the following specific terms:
This Agreement shall remain in full force and effect while you use the NepalVR Services.
You acknowledge that NepalVR reserves the right to charge fees for the use of the NepalVR Services and to change such fees from time to time in its sole discretion. If NepalVR terminates your use of the NepalVR Services because you have breached this Agreement you shall not be entitled to any refund of any unused portion of such fees.
Non-commercial Use by Users
The NepalVR Services are for the personal use of users only and may not be used in connection with any commercial endeavors except those that are endorsed or approved by NepalVR. Illegal and/or unauthorized use of the NepalVR Services, including unauthorized framing of or linking to the NepalVR Platforms, is prohibited. NepalVR reserves the right to pursue any and all remedies available at law or in equity in response to any illegal or unauthorized use of the NepalVR platform.
Proprietary Rights in Content on NepalVR
All content accessible via the NepalVR platform retains all rights in the NepalVR Content and the VisualiseVR Services.
NepalVR contains content of other persons and entities including customers, sponsors, affiliates, and other NepalVR 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 NepalVR platform.
You may not copy, modify, distribute, or reproduce in any way any copyrighted material, trademarks or other confidential or proprietary information belonging to others without obtaining the prior written consent of the owner of such materials or rights. It is the policy of NepalVR to terminate access by any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to NepalVR by the copyright owner or the copyright owner's legal agent.
If you believe that your work has been copied and posted on the NepalVR in a way that constitutes copyright infringement, please provide our team with the following information:
NepalVR is not responsible for any incorrect or inaccurate content posted on the NepalVR Platform, including whether caused by customers or by any of the hardware, software or functionality associated with or utilized in the VisualiseVR Services. The NepalVR Platform may contain links to other websites. NepalVR 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 NepalVR. Inclusion of any linked website on the NepalVR Platform does not imply approval or endorsement of the linked website by NepalVR. When you access these third-party sites, you do so at your own risk. NepalVR takes no responsibility for the goods or services provided by third parties, including customers, sponsors, advertisers, strategic partners or affiliates. NepalVR is not responsible for the conduct, whether online or offline, of any user of the NepalVR Services. NepalVR 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 information on the NepalVR Services. NepalVR is not responsible for any problems or technical malfunction of any communications network or lines, online systems, servers or providers, hardware or software, due to technical problems or traffic congestion on the Internet or on any of the NepalVR 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 NepalVR Services. Under no circumstances shall NepalVR be responsible for any loss or damage, including personal injury or death, resulting from use of the NepalVR Services, attendance or participation in a NepalVR event or promotion, from any content posted on or through the NepalVR Services, or from the conduct of any users of the NepalVR Services, whether online or offline.
Limitation on Liability
IN NO EVENT SHALL NEPALVR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING FROM YOUR USE OF THE NEPALVR SERVICES OR PLATFORM, EVEN IF YOUVISIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEPALVR'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 NEPALVR FOR THE NEPALVR SERVICES DURING THE TERM OF YOUR USE OF THE NEPALVR PLATFORM.
If there is any dispute about or involving the NepalVR Platform or Services, you agree that the dispute shall be governed by the laws of Kathmandu, Nepal. Either NepalVR or you may demand that any dispute between NepalVR and you about or involving the NepalVR Services be settled by arbitration utilizing the dispute resolution procedures of the Nepal Arbitration Association (NAA) in Kathmandu, Nepal, provided that the foregoing shall not prevent NepalVR from seeking injunctive relief in a court of competent jurisdiction.
You agree to indemnify and hold NepalVR, its subsidiaries and affiliates, and their respective directors, officers, agents, sponsors, 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 NepalVR 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.
By using the NepalVR Platforms or any of the NepalVR Services you agree that you have accepted this Agreement. This Agreement constitutes the entire agreement between you and NepalVR regarding the use of the NepalVR. The failure of NepalVR to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. NepalVR and VisualiseVR are trademarks of Semantic Creation Pvt. Ltd. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at firstname.lastname@example.org / email@example.com with any questions regarding this Agreement. Additional Terms and Conditions Relating to 3-D Content and Virtual Reality The NepalVR Services may from time to time include access to hardware, software and content that when used correctly and in accordance with the instructions of their respective manufacturers or developers enable users to experience 3-D content or virtual reality or both (such NepalVR Platform, the "VR Services"). Use of the VR Services may subject you to certain health and safety dangers as described within the respective hardware, software and content. By using the VR Services you represent and warrant that you have read and understood all applicable health and safety warnings and instructions prior to using the VR Services. The respective manufacturers and developers may update or revise these warnings and instructions and it is your responsibility to review them periodically.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE VR SERVICES IS AT YOUR SOLE RISK AND NEPALVR SHALL BEAR NO LIABILITY FOR ANY INJURY YOU SUFFER AS A DIRECT OR INDIRECT RESULT OF ACCESSING OR USING THE VR SERVICES. IF YOU BELIEVE THAT YOU MAY SUFFER ANY INJURY AS A RESULT OF ACCESSING OR USING THE VR SERVICES, WHETHER DIRECTLY OR INDIRECTLY, YOU SHOULD NOT USE THE VR SERVICES.
The following is a partial list of websites containing health and safety warnings relating to hardware, software and content that may be included in the VR Services. This list and its contents are subject to change and are presented solely for your convenience. NepalVR makes no representations or warranties relating to the sufficiency or completeness of the health and safety warnings or any other content contained in the sites listed below nor to the applicability of such warnings to any individual user of the VR Services.
NepalVR reserves the right, in its sole discretion and where technically feasible, to disable access to the VR Services if and to the extent that NepalVR believes in its sole discretion that use of the VR Services or any of them violates NepalVR's community standards, agreements, laws, regulations or policies. By using the VR Services you agree that NepalVR will incur no liability or responsibility by removing, disabling or deleting such VR Services on this basis, or if NepalVR does not remove, disable or delete access to such VR Services. Additional Terms and Conditions Relating Content to NepalVR Services