Terms of Use

Terms and conditions governing your use of the press release distribution and related service(s) (collectively, the "Service"):

1. Use
A. You are responsible for the content and accuracy of all news copy and other information submitted by you to AsiaToday.com ("AsiaToday") or entered into the Service (the "Submitted Materials"). Because of the volume of information and copy submitted to AsiaToday, AsiaToday cannot be responsible for verifying facts contained in Submitted Materials. All Submitted Materials must follow AsiaToday's editorial guidelines which can be found on AsiaToday's web site and are subject to change at any time at AsiaToday's sole discretion.

B. AsiaToday reserves the right (i) to approve, reject or edit Submitted Materials, provided that substantive edits to the Submitted Materials will not be done without your consent; and (ii) to remove any press release from its web site, pull any press release from distribution or deny approval to any press release. AsiaToday can only remove Submitted Materials from its network, and AsiaToday makes no representation or warranty regarding the removal of Submitted Materials from sites outside of the AsiaToday network.

C. All Submitted Materials transmitted by AsiaToday must contain a user-supplied contact name, phone number and e-mail address that may be verified by AsiaToday.

D. You agree to use the Service for its intended purpose and not for any illicit purposes including, but not limited to, the reverse engineering of the site and/or its processes and the inclusion of such processes or services in a derivative service. You shall not query, spider or access any AsiaToday systems without the express written consent of AsiaToday.

2. Suspension, Termination
A. AsiaToday may suspend or terminate your account at any time at its discretion. Notwithstanding the foregoing, if your account becomes delinquent or you breach any material term or condition herein, then, in addition to any of its other rights or remedies, AsiaToday reserves the right to suspend your access to the Service, without liability to you.

3. Warranties; Limitation of Liability
A. You represent and warrant to AsiaToday that (i) you have the right to deliver the Submitted Materials to AsiaToday, (ii) you will comply with all applicable laws, rules and regulations, including but not limited to the Children's Online Privacy Protection Act of 1998 and laws relating to “spam”, (iii) Submitted Materials will not contain any content that is obscene, libelous, slanderous or otherwise defamatory, false or misleading or which violates any copyright, right of privacy or publicity or other right of any person; (iv) Submitted Materials will not contain political propaganda, blatant ads of your company’s products and/or services; and (v) Submitted Materials will not contain any viruses, scripts, macros, or programs or links to macros, scripts, programs, or any code that alters, destroys, infiltrates or inhibits the operation of computer systems including, but not limited to the Service or data stored within such computer systems including, but not limited to the Service.

B. ASIATODAY MAKES NO WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE, AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE), REGARDING THE SERVICE. ASIATODAY DOES NOT WARRANT OR REPRESENT THAT THE SERVICE WILL BE FREE FROM ERRORS, INCLUDING OMISSIONS, INTERRUPTIONS, DELAYS, LOSSES OR DEFECTS, WHETHER HUMAN OR MECHANICAL.

C. AsiaToday’s entire liability for damages for any claims arising under or in connection with your use of the Service, regardless of the cause of action, whether in contract or in tort (including without limitation, breach of warranty and negligence claims) shall be limited to your actual direct damages, not to exceed the amounts actually paid by you for your use of the Service during the twelve months immediately preceding the month in which the cause of action arose. IN NO EVENT SHALL ASIATODAY HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS OR DEMANDS OF THIRD PARTIES OR ANY LOST PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOST SAVINGS OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4. Indemnification
A. AsiaToday will indemnify (“Indemnitor”) and hold you (“Indemnitee”) harmless against any claim or demand by a third party, including without limitation reasonable attorney’s fees, alleging that the Service infringes any intellectual property right under the laws of the United States of a third party. This indemnification does not cover third party claims arising from: (i) modifications to the Service by anyone other than AsiaToday or its authorized agents and contractors; (ii) use of the Service by you in combination with other software or equipment not authorized by AsiaToday where the Service, if not so used, would not be infringing; or (iii) your failure to use the Service in accordance with these terms and conditions.

B. You shall indemnify (“Indemnitor”) and hold harmless AsiaToday (“Indemnitee”), its affiliated companies from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney's fees) arising out of or relating to any breach by you of any representations and/or warranties contained herein or otherwise arising out of or relating to the Submitted Materials.

C. Indemnification is conditioned upon the following: (i) the Indemnitee promptly notifying the Indemnitor of any claim; (ii) the Indemnitor having sole control of the defense and all related settlement negotiations; and (iii) the Indemnitee cooperating, at the Indemnitor’s expense, in the defense and furnishing the Indemnitor with all related evidence in its control.

5. Miscellaneous
A. You shall not hold yourself out as in any way as sponsored by, affiliated with, or endorsed by AsiaToday or its subsidiaries or affiliates. You agree not to (i) defame or disparage AsiaToday, its trademarks or service marks, or the Service; or (ii) adapt, translate, modify, decompile, disassemble, or reverse engineer the Service used in connection with the Service.

B. You consent to receive communications from AsiaToday concerning the Service electronically by email to the email address you provided in connection with your account. You also consent to receive communications by telephone or by postal mail sent to the postal address you provided in connection with your account. You may change the email or postal address to which AsiaToday sends communications by notifying AsiaToday in writing (which may be by email).

C. By registering for the Service or submitting Submitted Materials, you agree to be bound by these terms and conditions. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions. Should you violate these terms and conditions or any other rights of AsiaToday, AsiaToday reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts.

D. You are responsible for all activity occurring under your account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service. Your obligations shall be binding on your heirs, successors and assigns.

E. AsiaToday reserves the right to modify these terms and conditions or its policies relating to the Service at any time, effective upon posting of an updated version on the Service. You are responsible for regularly reviewing these terms and conditions. Continued use of the Service after any such changes shall constitute your consent to such changes.

F. This Agreement shall be governed by and construed under the laws of Illinois exclusive of its conflict of laws provisions. Any suit hereunder will be brought in the federal or state courts located in the State of Illinois, and you submit to the personal jurisdiction thereof. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.