Terms Of Service

Terms

KathmanduMetro Terms of Service:  November 24, 2009

Thank you for your interest in using the online services (the “Service”) operated by Teeznar Corp.  (“KathmanduMetro”) and offered through the KathmanduMetro network of websites (the “Sites”). These Terms of Service (“Terms”) govern your use of the Service and the Sites (collectively, the “KathmanduMetro Network”). Please read these Terms carefully. Please also review our Privacy Policy, which governs the use of personal information on the KathmanduMetro Network and to which you agree to be bound. By using the KathmanduMetro Network, you are stating that you have read and understand, and agree to be bound by, these Terms. If you do not agree to all of these Terms, you are not permitted to use the KathmanduMetro Network. KathmanduMetro’s acceptance is expressly conditioned upon your assent to all the terms and conditions of this agreement, to the exclusion of all other terms; if these terms and conditions are considered an offer by KathmanduMetro, acceptance is expressly limited to these terms.

1. Your Responsibilities

You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the KathmanduMetro Network and for paying all charges related thereto. You certify to KathmanduMetro that if you are an individual (i.e ., not a corporation), you are at least 18 years of age. You also certify that you are legally permitted to use the Service and access the Sites, and take full responsibility for the selection and use of the Service and access to the Sites. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.

When you register to become a member of the KathmanduMetro Network, KathmanduMetro collects certain personal information about you. You agree that KathmanduMetro may use any information KathmanduMetro obtains about you in accordance with the provisions of  our Privacy Policy. You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. In addition, you agree not to use the KathmanduMetro Network to: (a) violate any local, state, national, or international law or regulation; (b) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (c) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (d) transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (e) stalk, harass, or harm another individual, including revealing the real name of any fellow user that has chosen to use an alias on the KathmanduMetro Network; (f) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (g) interfere with or disrupt the KathmanduMetro Network or servers or networks connected to the KathmanduMetro Network, or disobey any requirements, procedures, policies, or regulations of networks connected to the KathmanduMetro Network.

2. User Submissions

KathmanduMetro does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials you submit for display or distribution to others through the KathmanduMetro Network (collectively, “User Submissions”). As between KathmanduMetro and you, you own all rights to your User Submissions. However, you grant to KathmanduMetro and KathmanduMetro’s affiliates, representatives, and assigns an irrevocable, perpetual, non-exclusive, fully-paid, royalty-free, world-wide, license (sublicensable through multiple tiers) to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (including all related intellectual property rights, in whole or in part) in any format or medium now known or later developed. To the extent allowed by law, the foregoing includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “Moral Rights.” To the extent you retain any such Moral Rights under applicable law, you hereby ratify and consent to any action that may be taken with respect to such moral rights by KathmanduMetro and agree not to assert any Moral Rights with respect thereto. You warrant, represent and agree that you have the right to grant KathmanduMetro and the Site the rights set forth above. KathmanduMetro reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. KathmanduMetro does not pre-screen User Submissions and you agree that you are solely responsible for all of your User Submissions. KathmanduMetro is not required to host, display, or distribute any User Submissions, and may remove at any time or refuse any User Submissions. KathmanduMetro is not responsible for any loss, theft or damage of any kind to any User Submissions. You represent and warrant that your User Submissions and KathmanduMetro’s authorized use thereof do not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights).

3. Copyright Infringement

KathmanduMetro respects the intellectual property rights of others. Accordingly, KathmanduMetro has a policy of removing User Submissions that violate copyright law, suspending access to the KathmanduMetro Network (or any portion thereof) to any user who uses the KathmanduMetro Network in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the KathmanduMetro Network in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, KathmanduMetro has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright is being infringed by a user of the KathmanduMetro Network, please follow our Copyright Policy (see below).

4. Termination

KathmanduMetro may change, suspend or discontinue the KathmanduMetro Network including any content for any reason, at any time, including the availability of any feature, database, or content. KathmanduMetro may terminate your KathmanduMetro Network membership or suspend your access to all or part of the KathmanduMetro Network, without notice, if you violate these Terms or you engage in any conduct that KathmanduMetro, in its sole and absolute discretion, believes is in violation of any applicable law or regulation or is otherwise harmful to the interests of KathmanduMetro, any other KathmanduMetro Network user, or any third party. YOU AGREE THAT KathmanduMetro SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR USER SUBMISSIONS OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE KathmanduMetro NETWORK (OR ANY PORTION THEREOF). You may discontinue your participation in and access to the KathmanduMetro Network at any time. KathmanduMetro reserves the right to investigate your use of the KathmanduMetro Network in the event KathmanduMetro, in its sole and absolute discretion, believes you have violated these Terms.

5. Modifications To Terms

KathmanduMetro may, in its sole and absolute discretion, change these Terms from time to time. KathmanduMetro will post notice of such changes on the Sites. If you object to any such changes, your sole recourse shall be to cease using the KathmanduMetro Network. Continued use of the KathmanduMetro Network following notice of any such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

6. Modifications To KathmanduMetro Network

KathmanduMetro reserves the right to modify or discontinue the KathmanduMetro Network with or without notice to you. YOU AGREE THAT KathmanduMetro SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD KathmanduMetro EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE THE KathmanduMetro NETWORK.

7. Password and Security

You are responsible for maintaining the confidentiality of your KathmanduMetro Network password, and you are solely responsible for all activities that occur under your password, including User Submissions contributed by a third party whom you have authorized to post content under your account. You agree to immediately notify KathmanduMetro of any unauthorized use of your password or any other breach of security related to the KathmanduMetro Network. KathmanduMetro reserves the right to require you to alter your password if KathmanduMetro believes that your password is no longer secure. YOU AGREE THAT KathmanduMetro WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD.

8. Links

KathmanduMetro’s provision of a link to any other website or Internet resource is for your convenience only and does not signify KathmanduMetro’s endorsement of such other website or resource or its contents. YOU AGREE THAT KathmanduMetro SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, OR MATERIALS FOUND AT ANY OTHER WEB SITE OR INTERNET RESOURCE.

9. No Commercial Use

You may not resell, distribute, make any commercial use of (other than to keep and share information for your own business purposes), use on a timeshare or service bureau basis, or use to operate a website or otherwise generate income from the KathmanduMetro Network.

10. Disclaimer of Warranties

KathmanduMetro will use reasonable efforts to ensure that the KathmanduMetro Network is available twenty-four hours a day, seven days a week. However, there will be occasions when the Sites and/or Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by KathmanduMetro to minimize such disruption where it is within KathmanduMetro’s reasonable control. YOU AGREE THAT KathmanduMetro WILL NOT BE LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE SITES, THE SERVICE, YOUR USER SUBMISSIONS OR OTHER CONTENT.

YOU EXPRESSLY AGREE THAT USE OF THE KathmanduMetro NETWORK IS AT YOUR SOLE RISK. THE KathmanduMetro NETWORK IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KathmanduMetro EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE KathmanduMetro NETWORK (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). KathmanduMetro MAKES NO WARRANTY THAT THE KathmanduMetro NETWORK WILL MEET YOUR REQUIREMENTS, OR THAT THE KathmanduMetro NETWORK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU ACKNOWLEDGE THAT ACCESS TO DATA (INCLUDING, BUT NOT LIMITED TO, DOCUMENTS, PHOTOGRAPHS, AND SOFTWARE FILES) STORED BY YOU OR OTHERS ON THE KathmanduMetro NETWORK IS NOT GUARANTEED AND THAT KathmanduMetro SHALL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF DATA CAUSED BY THE KathmanduMetro NETWORK OR ITS UNAVAILABILITY. KathmanduMetro MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE KathmanduMetro NETWORK, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE KathmanduMetro NETWORK, OR THAT DEFECTS IN THE KathmanduMetro NETWORK WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE KathmanduMetro NETWORK IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KathmanduMetro OR THROUGH THE KathmanduMetro NETWORK SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

11. Limitation of Liability

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL KathmanduMetro OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE KathmanduMetro NETWORK. KathmanduMetro’S LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO FIFTY UNITED STATES DOLLARS.

12. Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that KathmanduMetro may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of KathmanduMetro’s liability shall be the minimum permitted under such applicable law.

13. Indemnification

You agree to indemnify, defend, and hold harmless KathmanduMetro, its parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. KathmanduMetro reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with KathmanduMetro’s defense of such claim.

14. Trademarks

“KathmanduMetro” and the KathmanduMetro design, as well as certain other of the names, logos, and materials displayed in the KathmanduMetro Network constitute trademarks, trade names, service marks or logos (“Marks”) of KathmanduMetro or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with KathmanduMetro or those other entities.

15. Copyrights; Restrictions on Use

The content on the Sites, including without limitation, video, text, photos, and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by KathmanduMetro or its licensors. Other than with respect to your own User Submissions: (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of KathmanduMetro and its applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content.

16. Miscellaneous

These Terms, together with the Privacy Policy and the terms of any end user license agreement to which you agree when downloading any software that KathmanduMetro makes available through the KathmanduMetro Network and any additional terms to which you agree when using particular elements of the KathmanduMetro Network (e.g., terms specific to a site within the network of Sites or relating to the payment of fees for certain KathmanduMetro Network content or services), constitute the entire and exclusive and final statement of the agreement between you and KathmanduMetro with respect to the subject matter hereof, and govern your use of the KathmanduMetro Network, superseding any prior agreements or negotiations between you and KathmanduMetro with respect to the subject matter hereof. In the event of any conflict between these Terms and terms of a specific site within the network of Sites, these Terms shall govern. These Terms are not assignable, transferable or sublicensable by you except with KathmanduMetro’s prior written consent. KathmanduMetro may transfer, assign or delegate these Terms and its rights and obligations without consent. These Terms and the relationship between you and KathmanduMetro shall be governed by the laws of the State of New York as applied to agreements made, entered into, and performed entirely in New York by New York residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the KathmanduMetro Network shall be brought in the Federal or State courts located in  New York County, New York, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. KathmanduMetro shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond KathmanduMetro’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. The failure of KathmanduMetro to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of KathmanduMetro and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the KathmanduMetro Networks or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. The terms of Sections 2 and 11 through 17 of these Terms, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the KathmanduMetro Network. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind KathmanduMetro in any respect whatsoever. Any notice to KathmanduMetro that is required or permitted by these Terms shall be in writing and shall be deemed effective upon receipt, when sent by confirmed email to editor@kathmandumetro.com.

Copyright 2006-2009 KathmanduMetro, Inc. All rights reserved.

Copyright Policy

KathmanduMetro has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf ). The address of KathmanduMetro’s Designated Agent to Receive Notification of Claimed Infringement (”Designated Agent”) is listed at the end of this policy. It is KathmanduMetro’s policy to (1) block access to or remove content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or Users; and (2) remove and discontinue service to repeat offenders. If you believe that content residing on or accessible through the KathmanduMetro Network infringes a copyright, please send a notice of copyright infringement by email to editor@KathmanduMetro.com, containing the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
• Identification of works or materials being infringed;
• Identification of the content that is claimed to be infringing including information regarding the location of the content that the copyright owner seeks to have removed, with sufficient detail so that KathmanduMetro is capable of finding and verifying its existence;
• Contact information about the notifier including address, telephone number and, if available, email address;
• A statement that the notifier has a good faith belief that the content is not authorized by the copyright owner, its agent, or the law; and
• A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Once proper infringement notification is received by the Designated Agent, it is KathmanduMetro’s policy to remove or disable access to the infringing content and to notify the content provider or user that it has removed or disabled access to the content; that repeat offenders will have the infringing content removed from the KathmanduMetro Network and that KathmanduMetro will terminate such content provider’s or user’s access to the Sites and the Service.
In the event that KathmanduMetro notifies you that KathmanduMetro has received proper infringement notification about your User Submission(s), you may elect to send KathmanduMetro a counter notice.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/dmca.pdf

To file a counter notification with KathmanduMetro, you must provide the following items to us in writing:

1. The specific URLs of material that KathmanduMetro has removed or to which KathmanduMetro has disabled access.

2. Your name, address, telephone number, and email address.

3. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York County, New York if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

4. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”

5. Your signature.

Send the written communication to the following address: editor@KathmanduMetro.com .

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

After we send out the counter-notification, the claimant must notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on KathmanduMetro. If we receive such notification we will not display, distribute or otherwise exploit the material. If we do not receive such notification, we may elect to do so.