Photos2Nepal provides storage of digital photos and printing and delivery services of digital photographs to recipients in Nepal. It is important that you carefully review the Terms and Conditions set out below (the "Terms"). By entering and using the Site, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and Photos2Nepal that you will use the Service only in a manner consistent with these Terms. If you have questions about these Terms, please contact service@photos2nepal.com. Your use of the Site and its services (together, the "Service") is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Service.

1. Terms of Use

The Service is available to you if you submit certain requested information to Photos2Nepal site, including (but not limited to) your name and correct email address. In addition, by using the Service, you agree to provide the Company with true, accurate, current and complete information about yourself when such information is requested by the Service (whether by questionnaires, surveys, registration forms or other informational requests).
A condition of use is your "Active Participation" in the Service. Active participation in the service is defined as uploading your digital photos and ordering prints through the Site at least once every 6 months (180 days). If your account is inactive for a period of over 180 days, the Company may, at its option, remove and discard any content, including but not limited to any and all information, communications, postings, albums, image files or any other content within the Service. If your account is inactive for a period of 180 days or more, we will email you about the pending deletion of your online photos. At that time, you will have the option to re-activate your account, thereby preserving your online photos.

2. Digital Photo Storage

Photos2Nepal offers free, unlimited storage of online photos to Members who maintain Active Participation. There is no limit to the Content you can upload, however there may be size restriction for each photo. When you upload image Content to the Service, the original resolution of your Content may be affected depending on the upload speed you choose. Further, if you upload an image with more than five mega-pixels of resolution, Photos2Nepal may in its discretion down-sample the image regardless of the upload speed you choose.

You should always preserve your original Content, or make back-up copies of such Content, on your personal system. You should not use the Service as the only repository or other source for your Content.

3.  Member Conduct

You will not upload, or permit others to upload, any Prohibited material to the Service. The Prohibited material includes (and not limited to) any of the following:

1.       Infringes or violates the rights of others.

2.       Is, or may be perceived by PHOTOS2NEPAL or other likely recipients as, defamatory, deceptive, misleading, abusive, profane, offensive, sexually explicit, or inappropriate.

3.       Contains any virus or other content that may damage the Service, the network, or any other User's equipment or software

4.       Violates any laws, rules, or regulations of any governmental or other administrative organization having authority over the Service, Photos2Nepal, or Users.

5.       Copyrighted material that is used without the express permission of the owner.

6.       Content that can harms minors in any way.

Photos2Nepal has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. You acknowledge that although Photos2Nepal does not and will not examine and review all Content submitted or transmitted to the Service, Photos2Nepal has the absolute right (but not the obligation) to delete, move, and edit materials for any reason, at any time, without notice.

Notwithstanding the above, when you access the Photos2Nepal Site and/or use the Service, you acknowledge and agree that all Content (whether private or public) that is posted and stored on the Site is the sole responsibility of the Member. In other words, the Member is responsible for any Content that he/she submits. Moreover, you understand that by viewing the Site, you may be exposed to Content that you consider to be offensive and the Member take sole responsibility for such exposure. Finally, you acknowledge that Photos2Nepal in no way guarantees the accuracy, quality or appropriateness of Content available on the Site. In no event shall Photos2Nepal be liable for claims of any nature, whether direct or indirect, arising from or related to any Content made available on or through the Service, including (without limitation) errors or omissions in such Content, and loss or damages incurred as a result of use of such Content.  

4.  No Resale of Service  

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, or access to the Service for any commercial purposes.

5. Third Party Software

As a convenience to Members, Photos2Nepal may make third-party software available through the Service, including by downloading. To use such software, you will agree to the terms and conditions imposed by the third party provider. The agreement to use such software will be solely between you and the third party provider.

Photos2Nepal makes no representations or warranties concerning, and is not liable or responsible in any manner for, any performance, effectiveness or other aspect of such software.

6. Privacy Policy

We respect your privacy and have taken specific steps to protect it. Please see our Privacy Policy.

7. Copyright

In order for Photos2Nepal to make your photos available to you and your invitees, as well as to use images to offer you variety of online services, Photos2Nepal needs the rights to make use of all Content on the Service, in accordance with and subject to these Terms. Accordingly, as a condition to your Membership, you hereby grant Photos2Nepal a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of, and distribute your Content, solely for the purpose of providing the Service. As a condition to Membership, you represent and warrant to Photos2Nepal that you either own your Content or have written permission from the copyright owner to make such Content available to the Service.

The Service is protected by international copyright laws. You may not Process any Content owned by someone else without the written consent of the owner of such Content. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Service.

Photo2Nepal has the absolute right to terminate your account or exclude you from the Site if you use the Service to violate the intellectual property rights of third parties.

8. Indemnity

YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS PHOTOS2NEPAL, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY "PHOTOS2NEPAL AFFILIATES") FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR BY ANY OTHER PERSON ACCESSING THE SERVICE AS YOUR INVITEE, SUCH AS BY USING YOUR ACCOUNT.

9. Limited Warranty

(A)  No Liability for Content IN NO EVENT WILL PHOTOS2NEPAL OR PHOTOS2NEPAL AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I) CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (II) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT.

(B)  Exclusive Remedy ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.

(C)  Disclaimer EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, PHOTOS2NEPAL AND PHOTOS2NEPAL AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PHOTOS2NEPAL MAKES NO WARRANTY THAT (i) THE SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE SERVICE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iii) THE SERVICE WILL MEET YOUR REQUIREMENTS. PHOTOS2NEPAL MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SERVICE OR THAT ARE ADVERTISED ON THE SITE, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

10.  LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER LAW, PHOTOS2NEPAL WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

11.  Termination

Photos2Nepal may, in its sole discretion, terminate your Membership (or any part thereof) or your use of the Service, and remove and discard any Content at any time, without notice, for any reason, including: (i) conduct that violates these Terms or other policies or guidelines set forth by Photos2Nepal elsewhere within the Service, (ii) conduct Photos2Nepal believes is harmful to other Photos2Nepal users, the business of Photos2Nepal and its affiliate or (iii) failure to maintain Active Participation in the Service. Photos2Nepal will not be liable to you or any third-party for any termination of your access to the Service.

12.  Choice of Law

This agreement is deemed to be made in Nepal and governed by the laws of Nepal. Courts in Kathmandu, Nepal are the exclusive forum and venue to resolve any and all disputes arising out of or relating to these Terms.

13.  Modification of Terms

Photos2Nepal may amend these Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service.

14.  Entire Agreement

These Terms constitute the entire agreement between you and us with respect to this Service, and supersede all other communications, written or oral, with regard to the Service. You may also be subject to additional terms and conditions that may apply when you use Photos2Nepal Affiliate services, third-party Content, or third-party software.

The failure of Photos2Nepal to exercise or enforce any Term will not constitute a waiver of such Term. If any Term is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

15.  Reporting Violations

You can report abuse of these Terms to service@photos2nepal.com.