PLEASE READ THIS CONTRACT CAREFULLY. BY USING RUGSHARE (“the 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 SYSTEM AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE, DO NOT USE THIS SYSTEM.
Alternative Technology (“AT”) owns all intellectual property in the web application. Alternative Technology permits you to use the web application only in accordance with the terms of this Agreement. You may not reverse engineer, decompile, or disassemble the web application, 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 WEB APPLICATION 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.
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 WEB APPLICATION AND WEBSITE, 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.
RUGShare LINK
Upon accepting to RUGShare your design, the system will generate a shareable link along with corresponding share components and you agree to accept responsibility for all activities that occur under it. We reserve the right to deactivate or remove the link and the design in our sole discretion.
We are not liable for any miscommunication that may occur between you, your clients and manufacturers on matters regarding your rug production.
LIMITED LICENSE
Only upon successful payment using the non-refundable AT credit, you are allowed to use RUGShare for personal or commercial use.
The web application usage is restricted to these terms:
- You may not, under any circumstances, use the web application in connection with any illegal or immoral activities.
- You may not, in any way, prevent any other customer who are using the web application from using the web application. The company may, in its sole discretion, temporarily or permanently disable your account at any time in the case of any suspicious activity until satisfactory justification.
- You may not upload any information or software which contain viruses, trojan horse, worm or other malwares.
COPYRIGHT COMPLAINTS
Alternative Technology and its affiliates respect the intellectual property of others and expect users to do the same. The design is copyrighted and is the sole property and responsibility of the respective account holder, unless otherwise noted. To the best of our knowledge, we do not endorse publishment of materials that are copyrighted to a third party without their prior permission. We shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by use of copyrighted materials.
SERVICE LIMITATIONS
Social media: RUGShare provides a platform for sharing rug designs in social media websites. Social media websites are independent third party services which we have no control over. We offer no technical or troubleshooting support for designs shared in social media.
Product variation: Due to the very nature of lack of precision in visual rendering of same color across different computer displays, and due to the autonomous nature of the weavers and production facilities, the color and texture of the actual rug may vary from what is seen on a particular computer screen in that particular environment to that particular viewer.
Business transaction: We are not involved in the actual transaction between the buyers and the 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 complete a transaction.
Downtime: Alternative Technology’s highest priority is its members’ trading success. However, the RUGShare site may occasionally experience outages during which users cannot access the design, with or without prior notice. Alternative Technology has no control over such outages, we offer no Outage Policy to compensate for the inconvenience that may occur.
Browser Compatibility Issue:
The content presented may visually vary depending upon the browser used on the viewer’s end.
ACCOUNT EXPIRY POLICY
Once a design is uploaded to the web application, the said amount of credit is deducted immediately as the service starts. The service will automatically expire once the one month period is over. After expiry, the users or other relative parties will not be able to access the service and the uploaded designs will be permanently deleted from our system.
PRIVACY POLICY
We are deeply committed to protecting your privacy and take all reasonable steps to protect all data and information supplied to Alternative Technology. Whenever you use a service using AT Credit, we collect your email address and your coupon code for verification. 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. We do not share any of your personally identifiable information with third parties.
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.
From time to time, we may contact you via email or through our online services regarding new products or special offers unless you have expressly requested us not to contact you for such purposes.
GENERAL PROVISIONS
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the credit 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 the web application, from your breach of this Agreement, or from any such acts arising through your use of this service.
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. In no event shall Alternative Technology's cumulative liability for any loss or damage to you exceed the amount of the remaining portion of your AT credit you bought. The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
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.
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