iPress Service Agreement
This iPress service Agreement ("Agreement") is a legal agreement between user, either an individual or a single entity ("the client") and News Power Holdings Limited singularly or collectively called ("News Power") for an online information and content distribution service ("Service") over its iPress.com.hk Web Site (the "Site")
The "iPress services" includes Press release distribution, Press Release Posting, Content Selling, Phone Calling, Media monitoring. The "Client" means such person or an single entity who subscribe iPress services or use the content from News Power's web site
THE FOLLOWING ARE THE TERMS AND CONDITIONS ON WHICH NEWS POWER OFFERS YOU ACCESS TO THE SERVICE.
SERVICE TERMS AND CONDITIONS
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR, USING THE SERVICE. BY ACCESSING OR USING THE SERVICE, SUBSCRIBER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF SUBSCRIBER DOES NOT WISH TO BE BOUNDED BY THESE TERMS AND CONDITIONS, SUBSCRIBER SHALL NOT ACCESS OR USE THE SERVICE. NEWS POWER MAY MODIFY THE TERMS OF THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY. NEWS POWER BROUGHT TO THE ATTENTION OF CUSTOMER BY ANY MEANS AS NEWS POWER THINKS FIT AND SHOULD BE BINDING ON THE SUBSCRIBER IF THE SUBSCRIBER CONTINUE ACCESS OR USE THE SERVICE.
1. Copyright - The entire content of the Site is protected by international copyright and applicable laws in respect of intellectual property right. News Power, its affiliates or other third party licensors approved by News Power, as the case may be, are the lawful owners of such copyright. YOU MAY MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR REDISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE strictly according to the meaning of original without falsification by distortion, selection or misrepresentation.
2. Use the Site - The Service is only available to individuals or companies who have the legal capacity to form legally binding contracts under applicable laws. If you are an individual, you must be at least 18 years of age in order to be eligible to use the Service. News Power may, in its sole discretion, refuse to provide the Service to anyone at any time without giving any reason. The Service is not available to temporarily or indefinitely suspended members of the Site.
3. Your Information - "Your Information" includes any information data, text, content, software, music, sound, photographs, graphics, video, messages or other materials you provide to News Power or other users during the registration, trading or listing processes, in any public message area or through any email feature. Any communication which you post on the Site or deliver to us is considered to be non-confidential. With respect to Your Information, you are solely responsible for Your Information, and News Power act as a passive conduit for your online distribution and publication of Your Information. News Power may take any action, however, with respect to your information News Power deem necessary or appropriate in our sole discretion if News Power believe it may create liability for us or may cause us to lose (in whole or in part) the services of our Internet Service Parties or other suppliers. You hereby warrant that you have all rights, if including, but not limited to, all copyrights, to Your Information, which you submit to the Site. You acknowledge that News Power does not and will not bear any responsibility to determine what information that is submitted to us is protected, nor will News Power be responsible for controlling or monitoring the use of Your Information by other users of the Service. As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You shall not (i) distribute or cause redistribution of the SERVICE through, or link the SERVICE to a web site of a pronographic nature; or (ii) commingle the SERVICE or the content with pronographic material. You may not cause the SERVICE to violate any staute, law, regulation, or common law.
4. Registration Obligations - If you register with News Power, you agree to: (a) provide true, accurate, current, reliable and complete information about yourself or company which contains nothing obscene blasphemous libellous; and (b) maintain and promptly update the member information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or News Power has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, News Power has the right to suspend or terminate your registration and refuse any and all current or future use of the Service (or any portion thereof). If you have registered with us on behalf of a company or other forms of legal entities, you represent and warrant that you have the authority to bind such company or such other entities to the Terms.
5. Right of News Power - News Power shall have full right to use, handle, edit, distribute, report, record, monitor, trade, republish, copy, transmit or by similar manner any Your Information published in any of other mediums or platforms of the third party without being subject to opposition, disagreement from you.
NEWS POWER shall be entitled to store Your Information in its server for an indefinite period.
6. Member identity code, Password and Security - During the registration process, you will select a Member ID and Password. You are solely responsible for maintaining the confidentiality of your Member ID and Password, and for all activities that occur under your Member ID and password. You agree to: (a) immediately notify News Power of any unauthorized use of your Member ID or Password or any other breach of security; and (b) ensure that you properly exit the Site at the end of each session. News Power will not be liable for any loss or damage arising from your failure to comply with this Clause 5.2.
7. Service Charge - You agree to pay all fees as specified for users of the Site. You are responsible for paying all applicable taxes and duties and for all hardware, software, service and other costs you incur to trade, procure a listing from us, or access our servers. News Power reserves the right to change or discontinue, temporarily or permanently, some or all of the Service at any time without notice. News Power would, however, inform you in advance should News Power change it's service charges. In consideration of the Service provided by News Power, you hereby agrees to pay News Power service fees in accordance with the rates set forth within 30 days after the Service's starting date. You also agree that a service charge of two percent (2%) of the service fee per month will be applied to You whose account is not fully paid within thirty (30) days of the Service's starting date. News Power reserves the right to suspend the Service if the said account remained not fully paid within sixty (60) days.
News Power only provides the original news clipping for media monitoring purpose. News Power does not copy or distribute the information and no copyright fee is required to charge. Prior approval from HKCLS, HKRRLS or the copyright owner is required if you wishes to copy, reproduce, republish or transmit the information subject to the terms and conditions of the publisher.
8. Privacy - News Power will only use Your Information in accordance with our Privacy Statement. The complete terms of our Privacy Statement are part of and integral to this Agreement so you should read it carefully. Please note that when you voluntarily disclose Your Information in the Site, such information can be collected and used by, our associate and business partner.
9. Use Reasonable Care - News Power cannot nor do we try to control the information provided by other users, which is made available through the Service. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. News Power expects that you will use caution and reasonable care when using it's Site.
10. Termination - You agree that News Power, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard Your Information within the Service, for any reason, if News Power believes that you have violated or acted inconsistently with the spirit of the Agreement. News Power may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that News Power may immediately deactivate or delete your account and all related information and files in your account and / or bar any further access to such files or the Service. Further, you agree that News Power shall not be liable to you or any third party for any termination of your access to the Service.
11. Breach Agreement - News Power may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership, any of your current listings, and any other information you place on the Site if you breach this Agreement or if News Power unable to verify or authenticate any information you provide to us. Without limiting any other remedies, News Power may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with the Site.
12. The Service is Provided on an "As Is Basis" - News Power will try to make your experience with accessing the Site on enjoyable. Unfortunately, News Power cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data or other service interruptions. For this reason, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NP MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NL OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Note: Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary from jurisdiction to jurisdiction.
13. Limitation of Liability - YOU EXPRESSLY UNDERSTAND AND AGREE THAT NL SHALL NOT BE LIABLE FOR ANY 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 NEWS POWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASES OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) THE TRANSMISSION OF YOUR INFORMATION VIA THE SITE; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE.
Note: Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.
14. Indemnity - You agree to indemnify and hold News Power and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand (including legal expenses and the expenses of other professionals) made by a third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
15. Compliance with Laws - You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Service and your bidding on, listing, purchase and sale of items, including, but not limited to, complying with all applicable laws regarding the transmission of technical data exported from the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong") or the country in which you reside.
16 Links - The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Since News Power has no control over such sites and resources, you acknowledge and agree that News Power is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that News Power shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
17. Force Majeure - News Power shall not be liable to you for delays or failures in performance resulting from causes beyond our reasonable control, including but not limited to, acts of God, labor disputes or disturbances, material shortages or rationing, riots, acts of war, governmental regulations, communication or utility failures, or casualties.
18. Assignment - News Power may assign this Agreement without your consent.
19. Proprietary Rights - The users of the Site hereby acknowledges that all contents of the Site, including its logo, Web site design, text, graphics, sound, image, photo and other media, unless otherwise indicated, belong to Copyright c 2000 News Power and / or its suppliers and are protected by copyright and other relevant intellectual property rights law. Reproduction, replication or distribution of the Site content in any form without the prior permission of News Power is strictly prohibited.
20. Miscellaneous - The Agreement constitutes the entire agreement between you and News Power and governs your use of the Service, superseding any prior written or oral Agreements between you and News Power. The Agreement shall be governed in all respects by the laws of Hong Kong without regard to its conflict of law provisions. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall continue to be enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to your subsequent or similar breaches.
Should You have any questions concerning this Terms of Service or if you desires to contact News Power for any reason, please contact:
News Power Holdings Limited
Unit A1, 4/F., 81 Hung To Road, Kwun Tong, Kowloon, Hong Kong
Tel: (852) 2332 6218
Fax: (852) 2780 5510
Copyrights 2000 iPress All right reserved
Terms of Service and Disclaimer