For the purpose of clarification, the following terms have the meanings
ascribed to them below:
"Company" refers to Stones_PR 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.
為表述更加簡明，文中下列用語定義如下：
“公司”：指為客戶提供服務的世通社。
“授權發稿人”：指客戶以書面形式*的可以代表客戶提交、發布新聞稿的個人。
“服務”：按客戶需求在合同列出的單一或者全部的服務
2. SERVICE 服務
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.
2.4 Company reserves the right to impose a processing fee for any press
release that is not distributed after its submission to Company.
2.4公司保留對任何向公司提交后未發布的新聞稿收取處理費的權利。
3. LICENSE許可權
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.
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.
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.
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;
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.
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.
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.
深圳市世通社海外傳媒有限公司
