Real - 2nd Kathmandu International Marathon 2008
www.nepalmarathon.com

Terms of use

This Internet web site ("Web Site") is provided by Nepal Marathon Pvt. Ltd. and/or its affiliates (collectively, "Nepal Marathon Pvt. Ltd.").  Your access to and use of this Web Site is subject to the following terms and conditions.

PLEASE READ THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, PLEASE LEAVE THIS SITE NOW.

Nepal Marathon Pvt. Ltd. reserves the right to update these terms and conditions from time-to-time. Notice of policy updates will be posted to this page and therefore we recommend visiting this page every so often to check for updates as these terms and conditions are binding upon you.  You can review the most current version of the Terms of Service at any time at: http://www.nepalmarathon.com/general/terms.php Please also visit our Privacy Policy page.


User Restrictions - Registration
This Web Site and the information and services provided may not be used by those under the age of 13.  You must provide your legal full name, a valid email address, and any other information requested in order to complete the registration process. 


Modifications to the Site and Prices

Nepal Marathon Pvt. Ltd. reserves the right at any time and from time to time to modify or discontinue the Web Site (or any part thereof), temporarily or permanently, the with or without notice.  Nepal Marathon Pvt. Ltd. reserves the right to charge fees, surcharges and/or membership fees at any time.  Pricing, including but not limited to any monthly subscription plan fees, will be subject to change upon 30 days notice.  Such notice may be provided at any time by posting the changes to the Nepal Marathon Pvt. Ltd. Site (www.nepalmarathon.com).  Nepal Marathon Pvt. Ltd. shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Web Site.


Copyright
Ownership.  The entire content included in this web site, including, but not limited to, text, graphics, logos, audio clips, still pictures, video clips and software (“Content”) is the property of Nepal Marathon Pvt. Ltd. and/or its content suppliers and is protected by Nepal and international copyright laws.  The web site itself as a collective work is the sole and exclusive property of Nepal Marathon Pvt. Ltd. and/or its affiliates and is protected by Nepal and international copyright laws.

Permitted Uses.  You are given permission to use the Web Site and view and download Content hereon solely for your own personal, non-commercial and informational use,  provided you do not delete or change any copyright, trademark, or other proprietary notices.  You may not display, distribute, modify, perform, reproduce, repost, sell or prepare derivative works based on, or otherwise use any Content in any way for any public or commercial purpose without Nepal Marathon Pvt. Ltd.'s prior written permission.

Copyright Complaints.  Nepal Marathon Pvt. Ltd. respects the intellectual property of others, and we ask our content partners and members to do the same. If you believe that your copyrighted work has been copied and is accessible on the Nepal Marathon Pvt. Ltd. web sites and in a way constitutes copyright infringement, you may notify Nepal Marathon Pvt. Ltd. by providing our copyright agent with the following information:
a.    An identification of the owner of the copyright or the person authorized to act on the owner's behalf, including an electronic or physical signature.
b.    A complete description of the copyrighted work claimed to have been infringed and a description of the nature of the infringing activity.
c.    An identification of the location where the original or an authorized copy of the work exists, for example the URL (i.e., web page address) where it is posted or the name of the publication in which it has been published.
d.    Identification of the URL or other specific location on a Nepal Marathon Pvt. Ltd. operated web site where the material that you claim is infringing is located.
e.    Your name, address, telephone number and e-mail address.
f.    A signed statement by you stating that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
g.    A statement by you, made under the penalty of perjury, that the above information in your notice is correct and that you are the copyright owner or authorized to act on the owner's behalf.


Trademarks
All trademarks, service marks, trade names and logos used in the web site (including but not limited to the Nepal Marathon Pvt. Ltd. name, the Logo and any of the marks associated with Nepal Marathon Pvt. Ltd. (collectively “Trademarks”) are the registered or unregistered Trademarks of Nepal Marathon Pvt. Ltd. and/or its licensors.  Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Web Site without the written permission of Nepal Marathon Pvt. Ltd. or such third party that may own the Trademark displayed on this Web Site. Your use of any Trademark displayed on the Web Site, except as provided herein, is strictly prohibited.


Links
Nepal Marathon Pvt. Ltd.’s Web Site may contain “links” to other non-Nepal Marathon Pvt. Ltd. sites and it is possible that non-Nepal Marathon Pvt. Ltd. sites also link to Nepal Marathon Pvt. Ltd. web sites.  Nepal Marathon Pvt. Ltd. is not responsible for the content or privacy policies practiced by non-Nepal Marathon Pvt. Ltd. web sites.  The appearance of any link to other sites does not constitute or imply any approval or endorsement by Nepal Marathon Pvt. Ltd. of the other sites. Your following any such links to other web sites is at your own risk.


Termination
You agree that Nepal Marathon Pvt. Ltd. may terminate your use of the Web Site if Nepal Marathon Pvt. Ltd. reasonably believes that you have violated or acted inconsistently with the letter or spirit of this Agreement, or violated the rights of Nepal Marathon Pvt. Ltd. or any third party, or for any reason with or without notice to you.  You agree that Nepal Marathon Pvt. Ltd. will not be liable to you or any third party as a result of such modification or discontinuation.  The provisions entitled "Your Submissions," "Disclaimer," "Limitation of Liability," and "General Provisions" will survive termination of this Agreement.


Disclaimers
Your use of the Web Site is at your own risk.  Your health is important.  Nepal Marathon Pvt. Ltd. recommends that you obtain approval from or seek advise of a qualify physician or health care provider before beginning any new physical exercise program using any of the programs or training information provided in these sites.  This Web Site is not intended as a substitute for medical advice provided by your own qualified physician. The information provide on the Web Site should never be used in place of a visit to or advice from your physician or health care provider. 

Nepal Marathon Pvt. Ltd. DOES NOT ASSUME ANY LIABILITY FOR INJURIES THAT MAY OCCUR WHILE FOLLOWING ANY PROGRAM OR USING ANY INFORMATION CONTAINED ON THE WEB SITE, REGARDLESS OF WHETHER A DOCTOR OR HEALTH CARE PROVIDER WAS CONSULTED.

Nepal Marathon Pvt. Ltd. does not warrant or represent that the Content is accurate, error-free, truthful or reliable or that your use of Nepal Marathon Pvt. Ltd.'s Content will not infringe rights of third parties.

THE INFORMATION, CONTENT AND MATERIALS PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND Nepal Marathon Pvt. Ltd. MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO USE OR PERFORMANCE.  Nepal Marathon Pvt. Ltd. DOES NOT WARRANT THAT (I) THE WEB SITE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE WEB SITE WILL BE CORRECTED.  AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ITS USE OR NON-USE AND Nepal Marathon Pvt. Ltd. MAKES NO REPRESENTATION THAT THE MATERIALS APPEARING ON OR DOWNLOADED FROM THIS WEB SITE ARE COMPATIBLE WITH YOUR COMPUTER, FREE FROM ERROR OR VIRUS.  NO Nepal Marathon Pvt. Ltd. EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY.  Nepal Marathon Pvt. Ltd. DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE AND THE INFORMATION AND MATERIALS THEREIN. LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE.

LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER Nepal Marathon Pvt. Ltd.., ITS AFFILIATES OR ITS SUPPLIERS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEB SITE OR CONTENT, SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Nepal Marathon Pvt. Ltd. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (V) OR ANY OTHER MATTER RELATING TO THE SITE.  SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


Indemnification
You agree to defend, indemnify and hold harmless Nepal Marathon Pvt. Ltd. and its officers, directors, employees, agents, representatives,  licensors, suppliers, ambassadors, from and against any claim, demand, loss, liability or expense (including reasonable attorneys' fees), relating to or arising out of your use of any its websites and any Content thereon, the use by you of any training programs accessed through the Web Site, your violation of these Terms and Conditions.


General Provisions
Nepal Marathon Pvt. Ltd. controls and operates this Web Site from its headquarters in Jhamsikhel, Pulchowk, Lalitpur, Nepal , and makes no representation that the Nepal Marathon Pvt. Ltd.'s Material is appropriate or available for use in other locations. If you use this Web Site from other locations, you do so at your own risk and are responsible for compliance with applicable local laws, keeping in mind that access to the Nepal Marathon Pvt. Ltd.'s Content may not be legal by certain persons or in certain countries.  If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Any cause of action you may have with respect to this Web Site must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. These terms will be governed by and construed in accordance with the laws of the Nepal without regard to its conflicts of law provisions. Any legal action or proceeding relating to your access to, or use of, the Web Site or the Nepal Marathon Pvt. Ltd.'s Content shall be instituted in a state court in Nepal.


Questions about the Terms and Conditions of Use should be sent to info@nepalmarathon.com

© 2008 Nepal Marathon Pvt. Ltd.

 
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