Terms of Use

Formulated Date: 1^st May 2017

 

1. Introduction and Definitions

Welcome to Contentder. The Terms of Conditions (henceforth referred to as the “terms” or “conditions” or “agreement”) represents a legally binding contract between YOU (the internet User/ reader or a subscriber of Contentder or our services) and Contentder.com. If you use and access to the website hosting services, websites, communication tools and or ecommerce tools including other sites related to Contentder then you are subject to these Terms and Conditions. These Terms and conditions are the entire agreement between you and Contentder. These Terms will also apply when you use the Service on a trial basis. 

 

2. Legal Agreement

By Accessing Contentder website, its other services and viewing the materials presented to you by Contentder, you agree that you are bound by the terms and conditions as they are herein presented. Additionally, you are also bound by other documents that are expressly referred to in this agreement, as you are bound by all applicable national laws and regulations.
IF ANY OF THE TERMS AND CONDITIONS MENTIONED HEREIN DOES NOT SEEM APPROPRIATE TO YOU, PLEASE REFRAIN FROM USING THE SERVICES PROVIDED BY CONTENTDER AND DO LEAVE THIS WEBSITE IMMEDIATELY.
This document is subject to change, corrections, deletions and amendments. Contentder reserves the right to modify, alter or delete any portions of the Terms of Service at any time and without any prior notice to users. The most recent modification date will be located at the beginning of the Terms of Use document. In order to ensure that you are always up to date with the rules and regulations governing your use of Contentder, please make sure to return to this document regularly.

YOUR CONTINUED USE OF THE SERVICES AND ACCESS ON Contentder WILL BE DEEMED AS YOUR ACCEPTANCE OF ANY MODIFICATION AFTER THE MOMENT THAT THOSE MODIFICATIONS WILL HAVE BEEN MADE PUBLIC ON THE WEBSITE.

 

3. Description of service

Contentder website and associated domains provides the platform to create their own website for the users. Our services are designed to allow people from all over the world to easily create a beautiful and engaging online presence for themselves, to manage and promote their businesses, content and ideas, and overall have a great experience doing so even without being expert in designing. Our web-based Service allows users who have registered their account ("Account Holders") to create and update an online web site. After registered Account Holders create their own Web Site they may post "Content". Any new features on the Service, including the release of new Contentder tools and resources, shall be subject to these Terms. To use the Service provided to you by Contentder, you must have Internet access and you are liable to pay any type of charges associated with Internet access. Additionally, you must be liable to manage all equipment necessary to make such connection to the Internet, including a web-enabled computer. The Service may include certain communications, such as service announcements, administrative messages and other notice from Contentder. These communications are considered part of Contentder membership. You may not access the Service by any means other than through the Service interfaces we provide you and you have to pay for these services or you may also use the services for free on trial basis.

 

4. Registration

You have to register on our website to use the services provided by Contentder and in order to register as an Account Holder of Contentder, you must provide us with all the required information as mentioned in the registration form which could be available in the official website of Contentder. User have to choose a password and account designation for their websites during the registration process to obtain an ID. Users are themselves responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. You must agree to maintain and update true, accurate, current and complete Registration Data while using our services. If Contentder has reasonable grounds to suspect that the information you have provided is untrue, inaccurate, not current or incomplete, we have fill authority to suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof. We restrict and prohibit individuals under the age of 18 from registering, creating or using accounts of Contentder.

 

5. Obligations for the users

• Users must be at least eighteen (18) years of age, or of the legal age of majority in their respective country, and possess the legal authority, right and freedom to enter into the Contentder Terms and to form a binding agreement.

• User’s every personal and non-personal information including but not limited to the contact and/or billing address is the same as the information that user had provided us;
• User understand that Contentder does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;
• User acknowledge and agree that users themselves are responsible for maintaining the security of your account and web site and Contentder will not be liable for any loss or damage from failure of users to comply with this security obligation.

 

6. Prohibition for Use

Users are prohibited from:

•  Uploading, posting, transmitting or otherwise making available any Content that:
• is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
• you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party (e.g., music, movies, images, e-books, or games you do not own the rights to);
• is unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as sending mass email to recipients who haven't requested email from you or with a fake return address, promoting a site with inappropriate links, titles, descriptions, or promoting your site by posting multiple submissions in public forums that are identical;
• contains software viruses, worms, Trojan horses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of the Service, computer software or hardware or telecommunications equipment, or may impact the ability of any other users to access the Services provided by Contentder;
• is intended to take advantage of a user such as "get rich quick," "get paid to surf," pyramid/multi-level marketing, or other dubious schemes; or
• is adult in nature, such as any nudity in a sexual context 

• Harming and harassing others;
• Forging headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
• Interfering with or disrupting the Service or servers or networks connected to the Service, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Service;
• Violating any applicable laws or regulations which may include local, state, federal or foreign law (intentionally or unintentionally).
•  Promoting or providing instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
• Using the Service as a forwarding service to another web site or to fraudulently manipulating Google or other SEO ranking or Facebook or other social networking or website “likes” and similar voting mechanisms;
• Soliciting a third party’s passwords or personal identifying information for unlawful or phishing purposes;
• Exceeding the scope of the Service that you have signed up for (e.g., by accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other user comments or content);
• Including many ads per page which may reduce the usability of the Site;
• Uploading files for the sole purpose of having them hosted by us and for use outside of a web site created using the Service;
• Creating a web site that provides an injurious user experience with custom programming. Examples include, but are not limited to, extreme flashing banners, excessive animated movement, or content that could provoke seizures in unsuspecting visitors.

 

7. Rights for the Content

Contentder does not claim ownership of your Content, but you shall give us your permission to host your Content on the Service. This permission exists only for as long as you continue to use the Service or remain an Account Holder.
Contentder permits you to use the services, contents and materials of Contentder to the extent, necessary to access and use the Service in accordance with these Terms. This permission does in any way gives you permission to store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials, or otherwise distribute in any way the Materials other than as specifically permitted in these Terms.
All rights, title and interest in and to the Contentder services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, the “look and feel” of the Contentder Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Contentder.
 

8. Using the Selling Platform of Contentder

Contentder may offer you the platform to sell or purchase goods and services through some of the sites hosted or designed by us. We are merely providing the platform for buyers and sellers to conduct transactions for these Commercial Products. In some cases, there might occur the dispute regarding account ownership and Contentder.com reserves full right to request documentation to determine or confirm account ownership therefore in order to sell through Contentder, you must provide your full legal information requested by us.
When a buyer purchases Commercial Products, payments will be processed through our third-party payment service provider. Third party payment service provider’s may have their own terms of service and privacy policy so user must review it first before making any type of transactions through third-party and we are not responsible for the actions of these third party service providers.
In addition to the other rules and requirements that you must follow while offering, selling, or purchasing Commercial Products are listed below.

• You shall not offer or sell any Commercial Products that are illegal or potentially illegal and those which are stolen from some other sources.
•  You shall not offer or sell any Commercial Products that infringe or have the potential to infringe the intellectual property or privacy rights of another or that may be libelous, slanderous, or otherwise defamatory;
• You shall not offer or sell any Commercial Products that we determine, in our discretion, are inappropriate, offensive, pornographic, sexually explicit, or violent like tools which are primarily intended to be used as, weapons, including firearms, restricted devices, or ammunition. We reserve the right to determine, in our sole discretion, whether Commercial Products are eligible to be sold or not.
•  You shall not offer or sell any Commercial Products that use images or names of any third party (including notable personalities or celebrities) when offering or selling Commercial Products without first obtaining that third party’s permission.

 

9. Third-Party content and Links

Contentder’s site and services may contain content, materials and link pointing towards or originating from third-party websites and entities. Please note that we do not endorse the views and opinions expressed by these third parties. User can assess such third-party websites at their own risk. Contentder is not responsible for the accuracy, correctness, completeness, availability or reliability of the information, services or goods made available through such third-party websites.
Please be informed that these third-party websites may have their own practices regarding the collection and use of your personal information, so consult their Privacy Policies before providing any type of information on their sites.
Third-Party Websites aren’t under the control of Contentder so we are not liable or responsible for any damage or loss incurred as a result of your access, use or reliance on such a third-party website as these third-party websites are not governed by the rules and regulations of this agreement.

 

10. Payment, Renewal and Refunds. 

Contentder offers different levels of service which may require certain charges. By signing up for a particular level of service, you agree to pay Contentder the applicable subscription fees. Unless you notify us before the end of your subscription period that you no longer wish to run Contentder, your subscription will renew automatically. If we change pricing for a service to which you’re subscribed, we will notify you before your subscription is set to renew. You authorize us to charge any then-applicable fees to your credit card or other payment method we have on file for you. Payment failures will result in the cancellation of your services provided by Contentder. In case you are dissatisfied with the service that you receive from Contentder for any reason, you can receive a full refund if you cancel your account within 30 days of activation, or within 30 days of your contract being renewed. This 30-day money back guarantee is applicable for all paid Contentder accounts, except month-to-month accounts.

 

11. Use of Freely Offered Services

Certain portions of the website and the Services are freely offered to the public for certain period of time and your access and use of the services is connected to an automatic collection of personal and non-personal data. In order to consult our policies regarding the collection and disclosure of such data, please consult our Privacy Policy.
Users who are using the services offered by Contentder with or without paying any charges are prohibited from:

• Using software or manually attempting to decompile, disassemble, reverse engineer, decompile or otherwise examine the source code and underlying algorithms allowing the Services and website to function;
• Altering, modifying, creating derivatives of the site or the services;
• Circumventing, disabling, interfering with or otherwise overburdening the security-related features responsible for the proper workings of the website, including but without limitation, the features responsible for preventing content copying and theft;
• Use manual or automatic processes that copy or scrape the content and materials offered to you via Contentder for any purposes.
• Use any manual or automatic device or technique to harvest, collect or misuse the personally- or non-personally identifiable information of the Website users.
• Attempt to disturb the proper workings of the website
• Engaging in conduct that is unlawful or that encourages others to engage in unlawful behavior of any kind;
• Soliciting other website users to join or become members of commercial or non-commercial organizations;
• Impersonating other entities, people or users;
• Implying that they are in any way affiliated with Contentder;
• Engaging in activities that defy or violate the law of Australia and other applicable international laws.
• Gaining unauthorized access to any of the Services or portions of the site;
• Probing, scanning, testing or otherwise investigating the vulnerabilities of the Site or the networks it is connected to;
• Taking any type of action that involves a disproportionately large load on the website, its infrastructure or the networks it relies on;
• Using the website and Services for any purpose that is unlawful or prohibited by the rules and regulations as they are expressed in this Agreement.
• Engaging in activities or behavior that infringes upon the copyright or other intellectual property right of other people, entities or businesses
• Engaging in any form of conduct that is verbally aggressive, that inhibits or restricts other users, that limits the enjoyment of the Services for other users, that may be discriminating on base of ethnicity, gender, race, age, work, disability;
• Contributing materials that are sexually explicit, abusive, disrespectful or objectionable in any way.

Certain portions of the Services are offered free of charge to any user for limited period of time but please note down that Contentder has full right to terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately.

 

12. Terms Related to Provision of Services to the Clients of Users

If you use our website to provide services to a third party (your “Client”), you shall be liable to more additional terms listed below.

• The relationship between you and your Client is limited strictly between you two parties and Contentder will not be a party to any agreement you have with your Client. The manner and means that you choose to perform your services are in your sole discretion and control; however, you agree to perform these services in a timely and professional manner, consistent with industry practice and in conformance with these Terms.
• You must take full responsibility to make your clients obliged with these Terms and Conditions.
• While we intend to allow you to resell the service under a private label, this private label is in no way guaranteed and Contentder will in no way be held responsible for any failure to maintain its private label.
• Payments for your use of the Service are calculated on a per website basis. Each Client Website under your account that’s published live to a Client’s domain will incur monthly service charges. These service charges are billed to the credit card on file for your Contentder account.
• Service charges are billed each month for the upcoming month’s service, based on the total service charges of all Client Websites. If a new Client Website is published mid-month, a pro-rated amount will be included on your next month’s invoice.
• No refunds will be given for any days remaining in your current billing cycle.
• You understand and agree that you, as the Account Holder, are ultimately responsible for payment for every Client Website under your account. If, at any time, the billing obligations of any Client Website are not met, we will have the right to disable the Client Website until the billing obligation is met.

13. Electronical Marketing

When you sign-up for our Service, you may choose to agree to receive marketing communications like emails related to marketing, promotions, sweepstakes, contests, or newsletters from Contentder or any of our partners. If you don’t wish to receive this type of messages you can unsubscribe the mails by following the unsubscribe instructions included in these emails.

You can also send marketing messages to your client through Contentder but please be informed that you are solely responsible for your products and services and any other promotion and Content contained in or referred to in your emails sent through the Electronic Marketing Service. You agree to use the Electronic Marketing Service in a lawful, safe, and professional manner, consistent with industry best practices, including keeping reliable records. You are solely responsible for any and all statements you make and for all user assistance, warranty and support of your products and services.

All emails and messages sent by means of the Electronic Marketing Service of Contentder must comply with our Anti-Spam Policy, as outlined below:

• Contentder has a no tolerance to Spam and it does not knowingly do business with any user or company that participates in sending Spam. We do not sell or exchange personal information from our opt-in lists.
• An email is Spam if the recipient’s personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; the recipient has not verifiably granted deliberate, explicit and still-revocable permission for it to be sent; and the transmission and reception of the message appears to give a disproportionate benefit to the sender.
• Spam is an issue of consent, not content. A recipient should “affirmatively opt-in,” or expressly consent to receiving the message, either in response to a clear and conspicuous request or at the recipient’s own initiative.
• If you receive Spam complaints or run into compliance problems, or if Contentder identifies a potentially problematic contact list, we will first ask questions to try to understand your business as well as your marketing goals. If we determine that a list is not consent-based or is too old or problematic to work with, we will require that it be removed from your account. In certain instances, we may ask you to find another service provider because our goals are simply not compatible.
• If you feel a Contentder user is sending unsolicited email, you can report it to us.

The guidelines below are examples of practices that may violate the Terms and Conditions of Contentder. Therefore, you are requested to be notified that when generating or sending email or messages through electronic marketing of Contentder you will not

• Use the Electronic Marketing Service in violation of Contentder of Service or of any law applicable to you or your clients/recipients;
• Use the Electronic Marketing Service to send Spam without getting approval or permission from your clients/recipients to receive those emails or messages.
• Use the Electronic Marketing Service to request, collect or send any non-public or personally identifiable information about another user or any other person without their express prior written consent (or the parent’s consent in the case of a minor), illegal information, or any other information you do not have the right to request, collect or distribute;
• Use the Electronic Marketing Service to send email campaigns that link to or display pornography, other sexually explicit content, illegal goods or services, or any other Content that Contentder deems inappropriate;
• Transmit any message, information, data, text, software or image, or other Content that is not owned by you or legally licensed to you, or is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may violate another’s right of privacy or publicity;
• Send through the Electronic Marketing Service any unethical, false or misleading advertising, promotions, or sales efforts and practices;
• Post or transmit any materials that contains a virus or corrupted data;
• Use purchased or rented email lists;
• Use third party email addresses, domain names, or mail servers without proper permission;
• Send emails to non-specific addresses (e.g., webmaster@domain.com or info@domain.com) or distribution lists, newsgroups, publicly available press or media addresses or purchased email addresses;
• Send emails that result in an unacceptable number of Spam complaints (even if the emails themselves were not actually Spam);
• Disable or fail to include a working “unsubscribe” link in every email, which allows the Recipient/s to remove themselves from your mailing list. Each such link must remain operational for at least 60 days after the date on which you send the message, and you agree that you will not remove, disable or attempt to remove or disable the link;
• Disable or fail to comply with any request from a recipient to be removed from your mailing list within seven (7) calendar days of receipt of the request. You cannot charge a fee, require the recipient to give you any personally identifiable information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an unsubscribe request.
• Disguise the origin or subject matter of any email or falsify or manipulate the originating email address, subject line, headers, or transmission path information for any email.
• Fail to include in each email your valid physical contact address or a link to that information so that the recipient could contact you directly.
• Include “junk mail”, “chain letters”, “pyramid schemes”, incentives (e.g., coupons, discounts, awards, or other incentives) or other material in any email that encourages a Recipient to forward the email to another recipient; and
• Fail to comply with the related Law of Nepal and other countries.

Additionally, you have to ensure that while using the Electronic Marketing Service, you agree that any emails and messages and Content contained therein are non-confidential, and you automatically grant or warrant that the owner of such Content or intellectual property has expressly granted to us an irrevocable, non-exclusive, royalty-free, perpetual, transferable, worldwide license, with the right to sublicense, to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display such Content or intellectual property in any manner or in any media now known or hereafter created, including in connection with our marketing and promotional activities.

To the extent permitted by law, we may make and preserve copies of all Customer Information as necessary to provide the Electronic Marketing Service and for internal back-up and other legal or regulatory purposes. However, we are not obligated to preserve copies of your Customer Information, emails and messages, Content or other data. You are responsible for backing up your Customer Information.

Those who choose to access the Electronic Marketing Service must comply with applicable local laws. Contentder reserves the right, at any time and in our sole discretion, to limit the availability, quantity, and accessibility of the Electronic Marketing Service to any person, geographic area, or jurisdiction.

 

14. Indemnity

You will indemnify Contentder, and its subsidiaries, licensors, affiliates, officers, directors, agents, co-branders, partners, employees, successors, and or any other parties related (referred as “Indemnified Parties”) from any and all liability, loss, claim, damages, expenses, costs or demands, which includes but is not limited to reasonable attorneys' fees, incurred or made against the Indemnified Parties by any third party in connection with any claim arising from your(or the person who uses your account) use of the Service, the Site or the Materials, your Content, any Commercial Products you offer on or through the Site or using our Services, or your use of the Domain Services.

This includes, but is not limited to, any breach or violation of these Terms by you or anyone utilizing your account. You must fully cooperate at your expense as required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.

 

15. Resale of Service

You cannot reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission, which may be in the form of a separate written agreement with Contentder. 
You may not group multiple client sites under one account owned by you.

 

16. Domain Name 

For the domain name registration services (the “Domain Services”) provided directly to you by Contentder, the following terms and conditions also apply. Your use of the Domain Services provided by Contentder serves as your consent to these terms. Some of the service packages include Contentder registering an Internet domain name or renewing your existing domain name (the “Domain Name”) on your behalf. For the purpose of procuring and/or maintaining domains, Contentder will act only as the agent between you and the organization responsible for domain name allocation (the “dnsimple”), which will be  dnsimple.com.
All new registrations and subsequent renewals of those registrations will therefore also be subject to the Register.com terms and conditions located at: Policies. Contentder reserves the right to utilize another domain name service provider at any time, in which case the terms and condition of such organization will apply complementarily to these Domain Terms. 

17. Disclaimer of warranties

• Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
• We are not responsible for any damage, loss of data, customer information or vendor data, revenue, or other harm to business arising out of delays, misdelivery or non-delivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to your sharing of access to the service, or other interaction with the service.
• You are responsible for maintaining and backing-up your data and information that may reside on the service.
• Contentder does not warrants that
  • the service will meet your specific requirements,
  • the service will be uninterrupted, timely, secure, or error-free,
  • the results that may be obtained from the use of the service will be accurate or reliable,
  • the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
  • any errors in the service will be corrected.
• Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that 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.
• Any data, information, content or materials contained in or made available in connection with the service is not intended as a substitute for the knowledge, expertise, skill and judgment of tax, legal or other professionals. The service does not provide tax or legal advice. You are responsible for obtaining such advice.
• These terms apply solely to the service. As part of the services provided to other Contentder users, we host websites for certain third parties (“third party sites”). Third party sites include content generated by third parties and are not under the management and control of Contentder. Contentder is not responsible for such third party sites, including without limitation, the accuracy, sufficiency, correctness, reliability, veracity, completeness or timeliness thereof, any link contained therein, or any changes or updates thereto, or any goods or services sold thereon. Your access or use of any third party site is governed by the terms applicable to such third party site.
• The hosting of any third party site by Contentder does not imply an endorsement thereof by Contentder, or of the provider of such content or services, of any third party site.
• Neither Contentder nor any third party providers, partners, or affiliates warrant that the site, its servers, the materials or the service, or any email sent from the site or any third party providers, partners, or affiliates are free of viruses or other harmful components.
• Contentder and its licensors make no warranty or representation that the services, materials, or site are appropriate or available for use in all geographic locations.

 

18. Translation

These Terms of Service were originally written in English. It may be translated into other languages but in the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

 

19. Changes

Contentder is constantly updating its Services, and that means sometimes we also have to change the legal terms and conditions under which our Services are offered. If we make changes that are material, we will let you by sending you an email or other communication before the changes take effect and if you disagree with our changes, then you should stop using our Services immediately. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

 

20. Termination

Contentder may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Contentder account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 

 

21. Miscellaneous

This Agreement constitutes the entire agreement between Contentder and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Contentder, or by the posting by Contentder of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of Nepal and any dispute arising under this Agreement shall also be finally settled in accordance with the Law of Nepal. The arbitration shall take place in Nepal and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Contentder may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.