Welcome to Madhyam. By accessing our platform, creating an account, or publishing content, you agree to be bound by these Terms of Service ("Terms"). Please read them carefully. If you do not agree to these Terms, you may not use our services.
1. Madhyam as an Intermediary
Madhyam is an open platform designed to facilitate independent writing and expression in Nepal. Under Nepali law, including the Electronic Transactions Act (ETA), 2063 (2008), Madhyam operates strictly as an Intermediary (Network Service Provider). We provide the technical infrastructure for users to host, share, and distribute their own content. We are not a publisher, editorial body, or arbiter of truth. Madhyam does not pre-screen, endorse, verify, or assume responsibility for the accuracy, legality, or reliability of any user-generated content (UGC) published on the platform.
2. Writer Independence and Liability
As a writer on Madhyam, you are wholly independent and entirely responsible for the content you publish. By publishing on Madhyam, you acknowledge and agree that:
- You are solely legally liable for your writing under the laws of Nepal or any other applicable jurisdiction.
- Your content does not violate Section 47 of the Electronic Transactions Act, 2063, including the prohibition on publishing material that is contrary to public morality, decent behavior, or that may spread hate and/or jeopardize harmonious relations in society.
- Your content does not constitute defamation, libel, or slander under the Muluki Criminal Code, 2074 (2017).
- Your content does not infringe upon the intellectual property rights of others as per the Copyright Act, 2059 (2002).
3. Content Ownership and Licensing
You own your content. Madhyam does not claim ownership over the articles, images, or texts you publish.
However, by posting content to Madhyam, you grant us a non-exclusive, worldwide, royalty-free, irrevocable license to host, store, transfer, display, perform, reproduce, modify (for technical formatting purposes), and distribute your content strictly to operate and provide the Madhyam platform.
4. Prohibited Content
To maintain a safe and intellectual platform, the following types of content are strictly prohibited:
- Illegal material as defined by Nepali law.
- Hate speech, harassment, threats, or incitement of violence against individuals or groups.
- Sexually explicit material or non-consensual intimate imagery.
- Plagiarized content or unauthorized use of copyrighted, trademarked, or otherwise protected material.
- Spam, deceptive practices, or malicious software (malware/phishing links).
5. Indemnification
This is a critical provision: You agree to defend, indemnify, and hold harmless Madhyam, its founders, employees, and affiliates from any and all claims, liabilities, damages, losses, and legal costs (including attorney's fees) arising out of or related to your use of the platform, your published content, or your violation of these Terms or any applicable law. If Madhyam faces a lawsuit or government action due to your article, you are financially and legally responsible for covering all associated costs.
6. Moderation, Removal, and Termination
While Madhyam is not obligated to monitor user content, we reserve the absolute right to remove, delete, or unpublish any content at any time, without prior notice, if we believe it violates these Terms, is subject to a valid legal takedown request, or poses a risk to the platform.
We also reserve the right to suspend or permanently terminate your account for any breach of these Terms, at our sole discretion.
7. Disclaimers and Limitation of Liability
Madhyam operates on an "AS IS" and "AS AVAILABLE" basis. We make no guarantees regarding platform uptime, data retention, or the security of your content. To the maximum extent permitted by law, Madhyam disclaims all warranties, express or implied.
Under no circumstances shall Madhyam or its operators be liable for any indirect, incidental, special, consequential, or punitive damages (including loss of data, revenue, or reputation) arising out of your access to or use of, or inability to access or use, the platform.
8. Eligibility and Account Security
You must be at least 18 years old to create an account and publish content independently. If you are under 18, you must have explicit consent from a parent or legal guardian to use the platform. You are responsible for safeguarding your account credentials and for all activities that occur under your account.
9. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Nepal, without regard to its conflict of law principles. You agree that any legal action or dispute arising out of or relating to these Terms or your use of Madhyam shall be filed exclusively in the competent courts located in Kathmandu, Nepal.
10. Reporting Copyright and Abuse
If you believe that any content on Madhyam violates your intellectual property rights, constitutes defamation, or contains illegal material, please contact us immediately. As a responsible intermediary, Madhyam will review the report and take appropriate action, including the removal of the specific content, upon receiving a valid legal notice.
11. Changes to These Terms
We may update these Terms from time to time to reflect changes in our services or legal requirements. The most current version will always be available on this page. By continuing to use Madhyam after modifications become effective, you agree to be bound by the revised Terms.