NOTICE TO USER
PLEASE READ THIS CONTRACT CAREFULLY. BY INSTALLING exploRUG.net ("software
- web application") YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS
AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN
NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU
AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED.
IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.
Alternative Technology owns all intellectual property in the Software. Alternative
Technology permits you to Use the Software only in accordance with the terms of
this Agreement. You may not reverse engineer, decompile, or disassemble
exploRUG.net software, except and only to the extent that such activity is
expressly permitted by applicable law notwithstanding this limitation.
DISCLAIMER
YOU ACKNOWLEDGE THAT YOU ARE USING THE COMPUTER PROGRAM AT YOUR OWN RISK, AND
THE WEBSITE IS PROVIDED "AS IS." Alternative Technology HEREBY
EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT
NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY,
NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY,
CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC
FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY
INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. Alternative
Technology DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SHOWCASE WILL BE
UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF
TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.
THE PUBLISHER SHALL NOT BE LIABLE TO ANY THIRD PARTIES FOR ANY DIRECT,
INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED
ARISING OUT OF USE OF THIS PROGRAM AND WEBSITE, INCLUDING FOR VIRUSES ALLEGED
TO HAVE BEEN OBTAINED, RELIANCE ON THE WEBSITE OR ANY OF THE INFORMATION OR
MATERIALS AVAILABLE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE
OF ACTION.
YOUR ACCOUNT
If you use this software, you are responsible for maintaining the
confidentiality of your account and password and for restricting access to your
computer, and you agree to accept responsibility for all activities that occur
under your account or password. We reserve the right to refuse service,
terminate accounts, remove or edit content, or cancel subscription in our sole
discretion.
You are solely responsible for creating back-ups of your digital content. We
are not responsible for any loss of data and/or files resulting from our
suspension or deletion of data and/or files, network or system outages, file
corruption or for any other reason. In addition, we are not required to return
any materials you submit to the Site.
COPYRIGHT COMPLAINTS
Alternative Technology and its affiliates respect the intellectual property of
others. The content on each showcase is copyrighted and is the sole property of
respective hosts, unless otherwise noted, and to the best of our knowledge, we
do not endorse, support, or publish any design or room picture that is
copyrighted to a party other than who is publishing it with us.
Alternative Technology shall under no circumstances be liable to the customer
if it inadvertently prints any such matter it being the responsibility of the
customer to ensure that all material presented for photography, printing,
copying, duplicating or any other form of reproduction is free from any third
party claims for breach of copyright or license, and in all other respects may
lawfully be printed or used in any other form. If you believe that your work
has been copied in a way that constitutes copyright infringement, please do let
us know so that such disputes can be resolved between you and the responsible
host.
SERVICE LIMITATIONS
Downtime: Alternative Technology’s highest priority is its members’ trading
success. However, the exploRUG.net site may occasionally experience outages
during which users cannot access the showcase. As Alternative Technology has
not control over such outages or internet connectivity, we offer no Outage
Policy to compensate for member inconvenience.
Product variation: Due to the very nature of lack of precision in appearance of
same color across different computer, and due to the individual nature of the
weavers and factories, the color and texture of the actual rug may vary from
what is seen on the computer screen.
Business transaction: We are not involved in the actual transaction between
buyers and sellers. We have no control over and do not guarantee the quality,
legality, and accuracy of rugs in production, the ability of sellers to sell
items, the ability of buyers to pay for items, or that a buyer or seller will
actually complete a transaction.
PRIVACY POLICY
Information is collected through the ordering process, and email enquires.
We will not sell, or give, or otherwise share your details with any third
party. The information we collect about you is purely for the purpose of
processing your order and providing you with the best possible service. From
time to time we may contact you via email or on-line service regarding new
products or special offers if you have not expressly asked us not to contact
you.
We will never collect sensitive information about you without your consent. The
information we collect is held as securely as possible on our own independent
database so as to ensure that it is virtually impossible for anyone to gain
unauthorised access to your personal data.
Your designs are stored on our servers in an encrypted proprietary format that cannot be accessed by unauthorized third parties. However, we may access the files for the purposes of providing you additional services, for maintenance, troubleshooting, product upgrades, backups and other services.
GENERAL PROVISIONS
If any part of this Agreement is found void and unenforceable, it will not
affect the validity of the balance of this Agreement, which shall remain valid
and enforceable according to its terms. This Agreement shall not prejudice the
statutory rights of any party dealing as a consumer. This Agreement may only be
modified by a writing signed by an authorized officer of Alternative
Technology. Updates may be licensed to you by Alternative Technology with
additional or different terms. This is the entire agreement between Alternative
Technology and you relating to the Software and it supersedes any prior
representations, discussions, undertakings, communications or advertising
relating to the Software.
INDEMNIFICATION
You agree to indemnify Alternative Technology and its employees and agents, and
to hold them harmless from any and all claims and liabilities (including
attorneys' fees) that may arise from your submissions, from your unauthorized
use of content obtained through the showcase, from your breach of this
Agreement, or from any such acts arising through your use of the program.
If you have a dispute with one or more users, you release us (and our officers,
directors, agents, subsidiaries, joint ventures and employees) from claims,
demands and damages (actual and consequential) of every kind and nature, known
and unknown, arising out of or in any way connected with such disputes.
LAW AND FORUM FOR DISPUTES
This Agreement shall be governed in all respects by the laws of Nepal as they
apply to agreements entered into and to be performed entirely within Nepal
between Nepali residents, without regard to conflict of law provisions. You
agree that any claim or dispute you may have against Alternative Technology or
any of our design showcase hosts must be resolved by a court located in Kathmandu,
Nepal. You agree to submit to the personal jurisdiction of the courts located
within Kathmandu, Nepal for the purpose of litigating all such claims or
disputes.