Effective Date: February 20, 2020

TERMS OF USE

1. Use of Content from this Website

MONA provides the content on this website in support of its mission for the “increase and diffusion of knowledge.” MONA invites visitors to use its online content for personal, educational and other non-commercial purposes.

2. Intellectual Property Rights in Content

MONA is the owner of the compilation of content that is posted which consists of text, images, audio, video, databases, design, codes and software (“Content”).

MONA endeavors to provide information that it possesses about the copyright status of the Content and to identify any other terms and conditions that may apply to use of the Content (such as trademark, rights of privacy or publicity, donor restrictions, etc.); however, MONA can offer no guarantee or assurance that all pertinent information is provided or that the information is correct in each and every instance. It is your responsibility to determine what permission(s) you need in order to use the Content and, if necessary, to obtain such permission.

3. Permitted Uses

MONA welcomes you to make fair use of the Content as defined by copyright law Information on Nepal copyright fair use law. Please note that you are responsible for determining whether your use is fair and for responding to any claims that may arise from your use.

In addition, MONA allows personal, educational, and other non-commercial uses of the Content on the following terms:

  • You must cite the author and source of the Content as you would material from any printed work. E.g. MONA or given author/authority.
  • You must also cite and link to, when possible.
  • You may not remove any copyright, trademark, or other proprietary notices including attribution information, credits, and notices, that are placed in or near the text, images, or data.
  • You must comply with all terms or restrictions other than copyright (such as trademark, publicity and privacy rights, or contractual restrictions) as may be specified in the metadata or as may otherwise apply to the Content.

4. Unauthorized Uses Require Prior Written Permission

You may not use the Content for commercial purposes. This means that you may not sell the Content or sell materials, products or services that use and incorporate the Content, nor may you use the Content to promote or advertise products or services. If you wish to use the Content for any purpose beyond the permitted uses, such as a commercial use or publication (except as may be permitted by fair use under the copyright law), you must obtain prior written permission from MONA.

Send your permission request or other inquiries, including requests for higher quality formats, including high resolution digital images, to MONA museum manager@mona.com.np or program that is associated with the Content you wish to use. 

If you are uncertain about what office to contact or are seeking permission to include the Content in a commercial product or other item of consumer merchandise, please contact MONA office manager@mona.com.np.

5. Trademark

Many of the names, titles, trademarks, service marks, and logos that appear on the MONA Website are registered. With the exception of fair use, you may not use the MONA trademarks without prior written permission.

6. Interactive Features and User-Generated Content

MONA encourages you to interact with its site, subject to the following conditions:

  • You are solely responsible for the content that you submit.
  • By posting content, you are giving MONA and those authorized by MONA permission to use it for any educational, promotional or other standard museum purpose.
  • You will not post any content that is off-topic, partisan-political, contains personal attacks or expletives, or is otherwise abusive, threatening, unlawful, harassing, discriminatory, libelous, obscene, false, pornographic, or that infringes on the rights of any third party.
  • You will only post content that is yours or for which you have received permission from the person or entity that owns the content and the related intellectual property rights.
  • You will not insert your own or a third party’s advertising or promotional content into your posting.
  • You accept that MONA may monitor or review discussions, chats, postings, transmissions, bulletin boards or any other postings from time to time.
  • You accept that MONA assumes no responsibility or liability arising from the posting of your content or for any error, defamation, libel, omission, obscenity, danger or inaccuracy contained in any posted information or from any failure or delay in removing such content.
  • You will not introduce any software viruses, worms or other programs designed to damage software, hardware or telecommunications equipment.

MONA reserves the right to monitor content or information provided by website visitors at its sole discretion, to edit or remove any content that, in MONA’s judgment, does not comply with the foregoing rules. MONA is not responsible for any user-generated content that is posted on the MONA Websites or for any failure or delay in removing such content.

7. Copyright Complaints

If you have any complaints or objections to Content posted on the MONA Website because it was not properly credited or it was posted without permission and you are the copyright owner, please contact MONA manager@mona.com.np.

8. Disclaimer

The Content is provided “as is” without a warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular use, and/or non-infringement. MONA shall not be responsible or liable for any damage that may occur due to your use of MONA Website or downloading any Content from the MONA Website.

9. Reservation of Rights

MONA reserves the right to change these Terms of Use from time to time without notice; changes shall be effective upon posting. Please check back regularly for updates. Failure of MONA to enforce any of these terms shall not constitute a waiver of such terms.

10. Warranty and Indemnity

By using the MONA Website, you agree and warrant that your use will be consistent with these Terms of Use, including fair use. You agree to indemnify, defend and hold MONA harmless from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the MONA Website.

11. Applicable Law and Jurisdiction

These Terms of Use and any amendments or revisions shall be governed by applicable federal law and the laws of Nepal, without regard to its conflict of laws principles. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms of Use shall be brought in the appropriate federal court.

12. Privacy

By using the MONA Website, you agree that MONA may collect, use and disclose information that you provide as described in the Privacy Policy.

© Copyright 2020 Museum of Nepal Arts. All Rights Reserved.