TERMS OF USE AGREEMENT

Effective date: June 17, 2017

Terms of Use Agreement

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.

By accessing or using the NepalVR website, the NepalVR service, or any applications (including mobile applications) made available by NepalVR (together, the "Service"), however accessed, you agree to be bound by these terms of use ("Terms of Use"). The Service is owned or controlled by Semantic Creation Pvt. Ltd; VisualiseVR. These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service. There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use.

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.

This Terms of Use Agreement (the "Agreement") sets forth the legally binding terms for your use of the NepalVR Services. By using the NepalVR Services, you agree to be bound by this Agreement. You are only authorized to use the NepalVR Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and regulations and the terms of this Agreement. Please read this Agreement carefully. If you cannot or do not intend to accept and abide by the terms of this Agreement you must exit the NepalVR Platforms and discontinue use of the NepalVR Services immediately. This Agreement includes

    (i) NepalVR’s policy for acceptable use of and content posted on the NepalVR Services,
    (ii) your rights, obligations and restrictions regarding your use of the NepalVR Services and
    (iii) NepalVR's Privacy Policy. Additional terms and conditions ("Additional Terms and Conditions") may apply to your use of or participation in certain of the NepalVR Services. Unless otherwise provided by the Additional Terms and Conditions applicable to the NepalVR Services in which you choose to participate, those Additional Terms and Conditions are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: info@visualisevr.com ; info@semanticcreation.com , Subject: Terms of Use Agreement.

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:

BASIC TERMS

    1. You must be at least 13 years old to use the Service.
    2. You must not access NepalVR's private API by means other than those permitted by NepalVR.
    3. You are responsible for keeping your password secret and secure.
    4. You must not use domain names or web URLs in your username without prior written consent from NepalVR.
    5. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any NepalVR page is rendered or displayed in a user's browser or device.
    6. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, NepalVR prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to NepalVR upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
    7.You agree that you will not solicit, collect or use the login credentials of other NepalVR users.
    8. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other non-public phone numbers or non-public email addresses.
    9. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (Nepal Cyber Security Act) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
    10. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or NepalVR.
    11. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any NepalVR users.
    12. You must comply with NepalVR's Community Guidelines.
    13. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
    14. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other NepalVR terms.
    15. Violation of these Terms of Use may, in NepalVR's sole discretion, result in termination of your NepalVR account. You understand and agree that NepalVR cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for NepalVR, we can stop providing all or part of the Service to you.

Term

This Agreement shall remain in full force and effect while you use the NepalVR Services. Fees
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.

Copyright Policy
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:

    (i) a description of the copyrighted work that you claim has been infringed;
    (ii) a description of where the material that you claim is infringing is located on the NepalVR Platform
    (iii) your address, telephone number, and email address;
    (iv) a written 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; and
    (vi) 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. NepalVR’s team for notice of claims of copyright infringement can be reached at info@visualisevr.com ; info@semanticcreation.com

Privacy Policy
The use of the NepalVR Services is also governed by the NepalVR Privacy Policy, which is incorporated into this Agreement by this reference.

Disclaimers
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.

Disputes
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.

Indemnity
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.

Other
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 info@visualisevr.com / info@semanticcreation.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.
https://www.oculus.com/warnings/
http://www.samsung.com/us/support/owners/product/SM-R320NPWSXAR
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

    (1) You are solely responsible for the User Content you make available through the NepalVR Services and you represent and warrant that the provision of your User Content, and our subsequent use of such User Content, will not infringe upon, misappropriate or violate any third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, defame any person, or result in the violation of any applicable laws or regulations or our community standards.
    (2) NepalVR has no responsibility or liability for User Content made available through the YouVisit Platform or YouVisit Services, and we have no obligation to screen, edit or monitor such content. However, we do reserve the right, and have absolute discretion, to remove, screen or edit Content at any time and for any reason.
    (3) NepalVR makes no representation and warranty that Content posted on the Site will not be unlawfully copied or used without your consent. Content on the NepalVR Services or any of them you acknowledge and agree that NepalVR is not responsible for preventing such unlawful copying or use and that NepalVR shall not be liable for any losses or damages you may suffer as a direct or indirect result thereof.
    (4) If and to the extent you use the NepalVR Services or any of them as part of a commercial agreement with NepalVR, you acknowledge and agree that our agreements with you in this capacity may supersede this section of the Terms.
    (5) You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against NepalVR, all of which such rights are hereby expressly and irrevocably waived by you in favor of NepalVR
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