1. DEFINITIONS 定义
For the purpose of clarification, the following terms have the meanings ascribed to them below:
"Company" refers to PR Newswire China that provides the Service to Customer.
"Authorized Sender"refers to those individuals identified by Customer in writing as being authorized to submit press release on Customer's behalf.
"Service(s)" refers to each of the services, individually and collectively, as set forth in the Order or otherwise requested by Customer.
2. SERVICE 服务
2.1 Customer shall promptly notify Company in writing of any change to its contact, or user names, addresses, telephone numbers, or other information provided to Company in connection with the Service. Customer acknowledges that Company’s performance of the Service may be delayed or disrupted by Customer’s failure to update such information in a timely manner and Company is not liable for any damages caused to Customer in connection therewith.
2.2 Only Authorized Senders may submit or issue press releases on Customer’s behalf. Customer acknowledges that it is its responsibility to provide Company a current, accurate list of the names of its Authorized Senders, and all related contact information, at all times. Customer acknowledges that customer’s failure to update the names of its Authorized Senders or any related contact information could result in delays in the issuance of press release or the issuance of press release by a person or persons no longer authorized by Customer.
2.3 For each press release, Customer shall indicate, in writing, (i) the name of the issuer of the press release, which name shall be displayed to the public as the source of the press release; and (ii) the name and phone number of the person responsible for responding to questions or requests for additional information by members of the media and other readers of the press release.
2.3 对于每篇新闻稿，客户应以书面形式提供 (i)新闻稿发布方名称，该名称将作为新闻稿消息来源对公众公开；(ii)负责响应媒体和读者对该新闻稿问询的人员姓名和电话号码。
2.4 Company reserves the right to impose a processing fee for any press release that is not distributed after its submission to Company.
By submitting press release to Company in connection with the Service, Customer grants to Company and its third party distributors a worldwide, royalty-free, perpetual and sublicensable right and license to reproduce, distribute, sublicense, translate, archive and create derivative works of the type created by a news release distribution business from any press release.
4. FEES &PAYMENT TERMS费用与支付条款
Service payment must be made before any services are rendered. In the event the actual charge is more than the estimated charge, the difference is due within ten (10) working days of the date of invoice. Any amounts not paid by the date due are subject to interest at the lesser of (i) 1.5% per month; or (ii) the maximum rate permitted by law. Customer shall reimburse Company for all legal fees and collection costs and expenses incurred in connection with collection of the Fees.
5. CUSTOMER ACKNOWLEDGMENTS 客户知悉
Customer acknowledges that (i) Company may, in its sole discretion and judgment, reject press release for any reason, or refuse or cease distribution of any press release or remove any press release, in each case if it determines that the press release is objectionable or may result in liability; (ii) Customer is solely responsible for the press release submitted by it or on its behalf, (iii) Company’s distribution lists may change from time to time, and (iv) under no circumstances will Company be liable for any press release.
6. REPRESENTATIONS & WARRANTIES 声明与保证
Customer represents, warrants and covenants that (i) it has the right, power and authority to submit the press release to Company for distribution; (ii) it has all of the necessary right, title and interest in and to the press release to grant the rights granted herein; (iii) it shall comply with all local and international laws, rules and regulations applicable to its use of the Service; (iv) the press release will not contain any material that (a) is obscene or pornographic; (b) is libelous, slanderous, defamatory, or otherwise false or misleading; or (c) violates any copyright, patent, trademark, trade secret or other proprietary right, right of privacy or publicity, or any other right of any individual or entity;
7. DISCLAIMER &LIMITATION OF LIABILITY 免责声明与责任限制
Company does not warrant or ensure that services will be free from errors, including omissions, interruptions, delays, losses or defects, whether human or mechanical. The liability of Company to client shall be limited to the refund of the fees paid by client and in no event will Company be liable for any indirect, consequential, special, exemplary or incidental damages. It will comply with all applicable laws, rules and regulations.
8. SUSPENSION & TERMINATION 暂停和终止
Company may suspend or terminate its service, in whole or in part, immediately on notice, without liability to Customer, if Customer materially breaches the terms and conditions. Company will resume service as soon as commercially practicable upon Customer’s cure of the breach. Company will provide a refund to Customer for the unused portion of the Service, which refund shall constitute Customer’s sole and exclusive remedy and Company’s sole liability for the termination of the service. Customer acknowledges that failure to pay the Fees when due shall be deemed a material breach of the terms and conditions. Termination, expiration or cancellation of service for any reason shall not release customer from its payment obligations.
9. FORCE MAJEURE 不可抗力
Company shall not be liable to or through Customer for delays or inability to perform due to circumstances beyond its reasonable control, including fire, flood, explosion, severe weather, failure or unavailability of communications infrastructure, and system malfunctions, etc.