Full Terms & Conditions of the US China Brand’s Public Relations Services

This Conditions of Service Agreement (the "Agreement") sets out the terms and conditions under which US China Brand (also referred to as "We") provides its Public Relations Services (the "Services") to you or your business ("You" or "Your") and Your use of the Services on behalf of You or Your business.

 

Please read the terms and conditions contained in this Agreement very carefully before using the Services. Use of the Services indicates that you accept the terms and conditions contained in this Agreement. If you do not accept the terms and conditions of this Agreement, please do not use the Services.

 

  1. US China Brand facilities are governed by Federal and State regulations. News copy and other information, in any format now known or hereafter developed, including, without limitation, textual, photographic, video and audio files and urls (collectively, "Content"), may be submitted through the Services, subject to the terms of this Agreement. You are responsible for payment of all fees associated with your use of the Services.              

  2. You are responsible for the content and accuracy of all Content submitted through the Services. Because of the volume of information and copy submitted to US China Brand, US China Brand is not responsible for verifying any facts contained in the Content. You represent and warrant to US China Brand that (i) You have the right and authority to deliver to US China Brand all Content submitted, including for distribution through the Services, (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) You have obtained all required authorizations and consents with respect to any data that you provide concerning individuals and the use and transfer thereof, (iv) You will not submit Content that is obscene, libelous, slanderous or otherwise defamatory, inflammatory, false or misleading or which violates any copyright, right of privacy or publicity or other right of any person, (v) You are using the Services for a valid and legitimate business purpose, (vi) You will comply with all of the terms and conditions contained in this Agreement, (vii) the Content that You submit will conform to Acceptable Copy Guidelines for the US China Brand’s Public Relations Services and will not, among other restrictions, contain information related to threatened litigation, advertising, celebrity endorsements, stock advice or recommendations or online gaming websites, and (viii) the Content will not contain any viruses, scripts, macros, or programs or links to macros, scripts, programs, or any code that alters, destroys or inhibits the operation of, or infiltrates, computer systems or data run through such computer systems. You agree to shall indemnify and hold harmless US China Brand, its affiliates and agents, and those licensed or otherwise authorized by US China Brand to process, transmit or distribute Content 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 of any of the foregoing representations and warranties or otherwise arising out of or relating to the contents or nature of the Content.   

  3. We reserve the right to reject or edit copy or other information when necessary in our judgment, provided that no material substantive edits will be made. In the event US China Brand rejects Your Content for distribution, Your credit card will be refunded. We reserve the right to retract or withdraw your Content for any reason, at any time, in our sole discretion. You grant to US China Brand a royalty-free perpetual license and right to reproduce, distribute, translate, archive and create derivative works of the processed Content.                        

  4.  US China Brand does not warrant or ensure that the Services will be free from errors, including omissions, interruptions, delays or other timing errors, losses or defects, whether human or mechanical. Any errors by US China Brand will be corrected promptly upon discovery, without additional charge, and such obligation to correct shall constitute the sole liability of US China Brand in this regard. US China Brand makes no warranties, express or implied, as to the Services, including but not limited to any warranties of merchantability or suitability for print or broadcast. The liability of US China Brand and its affiliates and agents to You shall be limited to the refund of the fees paid by You in connection with the item of Content at issue, and in no event will US China Brand or its affiliates or agents be liable for any indirect, consequential, special, exemplary or incidental damages regardless of the form of action, damages, claim, liability, cost or expense whether in contract, statute, tort (including, without limitation, negligence) or otherwise. US China Brand shall not be liable for any delay or non-performance arising from any cause beyond its reasonable control, including, without limitation, acts of God, governmental acts, war, fire, terrorism, civil commotion or industrial disputes.                                                                                                                                             

  5. All news releases and other information transmitted by US China Brand must contain a clearly identifiable source, including a contact name and phone number. The source indicates the entity or individual that is responsible for the Content and cannot be the name of an agency issuing news on Your behalf.                       

  6.  This Agreement shall be governed and construed in accordance with the laws of the State of New York and State of California. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. Any dispute arising under or related in any way to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of New York and the County of San Francisco.   

  7. Your submission of copy and/or other information to US China Brand and by clicking "I accept", You agree to be bound by this Agreement. You represent and warrant that you have full right, power and authority to accept this Agreement and submit any Content for distribution.