By
submitting advertising for publication within
http://www.jiahwa.com (refer to as JiaHwa), each
advertiser and advertising agency agrees the
following standard advertising terms and
conditions:
1. General. By submitting advertising for
inclusion on http://www.jiahwa.com,
advertiser/agency agrees to be bound by the terms
of this contract. No conditions other than those
set forth herein shall be binding on JiaHwa. JiaHwa
will not be bound by conditions printed or
appearing on order blanks or copy instructions
submitted by or on behalf of the
advertiser/agency. This contract supersedes all
previous agreements between JiaHwa and
advertiser/agency.
2. Licenses and Indemnification. The
advertiser/agency represents that the advertiser
is the owner or is licensed to use the entire
contents and subject matter contained in its
advertising and collateral information,
including, without limitation, (a) the names
and/or pictures of persons; (b) any copyrighted
material, trademarks, service marks, logos,
and/or depictions of trademarked or service
marked goods or services; and (c) any
testimonials or endorsements contained in any
advertisement submitted to JiaHwa. In consideration
of JiaHwa's acceptance of such advertisements and
information for publication, the advertiser and
agency will jointly and severally indemnify and
hold JiaHwa harmless against all loss, liability,
damage and expense of any nature (including
attorney's fees) arising out of JiaHwa's performance
under this contract or the copying, printing,
distributing, or publishing of
advertiser's/agency's advertisements. If
advertiser possesses any preexisting copyright
interests in the advertisements, advertiser
grants JiaHwa the right to use, reproduce, and
distribute the advertisements.
3.Rejections. JiaHwa reserves the right, without
liability, to reject, omit or exclude any
advertisement or to reject or terminate any links
for any reason at any time, with or without
notice to the advertiser/agency, and whether or
not such advertisement or link was previously
acknowledged, accepted, or published.
4. Limitation of Liability. JiaHwa shall not be
liable for any errors in content or omissions.
Should an error appear in an advertisement, JiaHwa's
liability will be limited to the cost of the
advertisement (prorated for the publishing
completed). JiaHwa will not be liable for any delays
in delivery and/or non-delivery in the event of
an act of God, action by any government entity,
transportation, strike, network difficulties,
electronic malfunction, etc. or any feasibility,
reliability, or effectiveness related to the JiaHwa
site. JiaHwa does not represent or warrant that the
JiaHwa site will meet the objectives or needs of
advertiser/agency or any third party. In no event
will JiaHwa be liable for any failure, disruption,
downtime, interruption, miscalculation, delay,
inaccuracy, or any other nonperformance related
to the JiaHwa site. UNDER NO CIRCUMSTANCES WILL JiaHwa
BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT
LIMITATION, FOR LOST INCOME OR PROFITS, IN ANY
WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT,
EVEN IF JiaHwa HAS BEEN ADVISED AS TO THE
POSSIBILITY OF SUCH DAMAGES.
5. Miscellaneous. No public statements
concerning the existence or terms of this
contract will be made or released to any medium
except with the prior approval of both parties or
as required by law. This contract cannot be sold,
assigned or transferred by advertiser/agency to
any party. If any portion of the contract is
found unenforceable for any reason, the remainder
will remain in full force and effect. No waiver
by JiaHwa shall operate as a waiver of any other
provision or any subsequent default. This
document represents the entire agreement of the
parties; JiaHwa will not be bound by the
representations of any agents, brokers, or other
third parties. Any modifications must be in
writing and signed by an authorized
representative of JiaHwa.
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