July 06, 2008
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Terms of Service
This Subscriber Agreement governs your use of Ad Age ChinaTM which is a news and information service from The Ad Age Group and Crain Communications Inc ("The Ad Age Group") providing industry news, data and research specifically to industry professionals. You agree to be bound by the terms of this Subscriber Agreement by subscribing to Ad Age ChinaTM for a free or a paid subscription period. If you wish to terminate your subscription, you may do so at any time by clicking on the link provided at AdAgeChina.comTM Your failure to follow this Subscriber Agreement may result in termination or restriction of your access to Ad Age ChinaTM by The Ad Age Group, without notice and in addition to any other remedies available to The Ad Age Group. If you do not fully agree with this Subscriber Agreement, do not subscribe to Ad Age ChinaTM. SUBSCRIPTION FEES AND OTHER PAYMENTS. In return for payment as a paid subscriber of Ad Age ChinaTM for the Subscription Fees specified, The Ad Age Group grants you a non-exclusive, non-transferable, personal, limited right to use Ad Age ChinaTM , according to the terms and conditions of this Subscriber Agreement. We will bill any other fees and charges (including any applicable taxes) you incur automatically to your credit card and you agree to pay all fees and charges incurred in connection with your user name and password at the rates in effect when the charges were incurred. We may change the fees and charges then in effect, or add new fees or charges, by giving you advance notice. If you terminate your subscription prior to the end of the annual period for which you have already paid a Subscription Fee, a pro rata portion of the fee paid in PayPoints which relates to the number of full months remaining in the period will be made available to you. COPYRIGHT AND LIMITATIONS ON USE. The information available through Ad Age ChinaTM is the property of The Ad Age Group and others and is protected by copyright and other intellectual property laws. Information received through Ad Age ChinaTM may be displayed and printed for your personal use only. Only one individual may access Ad Age ChinaTM at the same time using the same user name or password, unless we agree otherwise. Except as provided below without the prior written consent of The Ad Age Group, you agree not to:
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. Due to the number of sources from which information on Ad Age ChinaTM is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such information and Ad Age ChinaTM. Ad Age ChinaTM may include facts, views, opinions and recommendations of individuals and organizations deemed of interest. The Ad Age Group does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions or recommendations. THE AD AGE GROUP AND ITS AGENTS AND LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE NEWS AND INFORMATION AVAILABLE THROUGH Ad Age ChinaTM. NEITHER THE AD AGE GROUP, NOR ANY OF ITS AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING Ad Age ChinaTM AND ANY NEWS AND INFORMATION THROUGH Ad Age ChinaTM . IN NO EVENT WILL THE AD AGE GROUP, ITS AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF THE AD AGE GROUP, ITS AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH Ad Age ChinaTM OR THE INFORMATION IN Ad Age ChinaTM SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE AD AGE GROUP FOR USE OF Ad Age ChinaTM. You agree to indemnify, defend, and hold The Ad Age Group and its suppliers harmless from and against any and all claims from third parties arising out of or in any way related to and any and all claims, losses, damages and expenses (including attorneys' fees) resulting from your breach of this Subscriber Agreement, regardless of the form of action. You agree that any supplier of any portion of Ad Age ChinaTM content shall be entitled to enforce its rights against you as though that supplier is a party to this Subscriber Agreement. USER-CREATED CONTENT. By submitting comments, letters, email, or by posting any message or chat content, you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate this Subscriber Agreement, and that it will not violates the rights of any person or entity. The Ad Age Group reserves the right to delete or edit any communications at any time, for any reason, but has no obligation to review or remove any such content. CHANGES TO SUBSCRIBER AGREEMENT. The Ad Age Group may change the terms in this Subscriber Agreement at any time. Changes may include, but not be limited to, the cost of an Ad Age ChinaTM subscription, amount of access or frequency of login, and other such parameters. When the terms are changed, The Ad Age Group will notify you by posting a notice in Ad Age ChinaTM or on AdAge.com , and the changes will appear in this document. By using Ad Age ChinaTM after any change in the Subscriber Agreement is posted, you agree to be bound by all of the changes as well. MISCELLANEOUS. The Ad Age Group reserves the right to set limits on your access to Ad Age ChinaTM. The Ad Age Group may discontinue or change Ad Age ChinaTM, or its availability to you, at any time without notice or explanation. As a trial subscriber or a paid subscriber, this Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision of this Agreement is invalid under applicable law, the remaining provisions will continue in full force and effect. The Privacy Policy and this Subscriber Agreement are, together, the complete and entire agreement between you and The Ad Age Group and supercede any prior agreement, whether oral or written. This Agreement, all intellectual property issues, and your rights and obligations shall be governed by the laws of the United States of America and the State of Illinois governing contracts wholly entered into and wholly performed within Illinois and any action to enforce this Subscriber Agreement or in any manner related to Ad Age ChinaTM shall be brought exclusively in the federal or state courts located in Chicago, Illinois and you agree to submit to the jurisdiction of such courts. Through your use of Ad Age ChinaTM, you may be provided with hyperlinks to other Internet sites or resources, including hyperlinks provided by third-party advertisers to Ad Age ChinaTM . The Ad Age Group has no control over those sites and resources, or over the advertising material presented by third-party advertisers through Ad Age ChinaTM. You agree that The Ad Age Group will 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 information, goods or services available on or through any such site or resource. If you believe that your work has been copied and is accessible through Ad Age ChinaTM in a way that constitutes copyright infringement, or that Ad Age ChinaTM contains a link or other reference to another online location that contains materials or activity that infringes on that person's copyright rights, they may notify Crain Communications Inc by providing the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. S 512 to the following address: Crain Communications Inc Attn: Legal Counsel 1155 Gratiot Avenue Detroit, Michigan 48207-2913 Phone number: 313-446-6000 |
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