Xinwengao (the "Site") is an online service subject to your compliance with the terms and conditions set forth below.
TERMS OF SERVICE BETWEEN Xinwengao AND CLIENT/USER PLACING RELEASE ON THIS SERVICE
1. THIS AGREEMENT: By agreeing to the terms and conditions of this Agreement, you (the "User") become a User of Xinwengao and agree to be bound by this Agreement. This Agreement is subject to change by Xinwengao at any time, and such changes are effective upon posting of the change herein.
2. SERVICE FEE: The User is solely responsible for paying the designated fee for each Press Release (the "Release") submitted. We do not offer any refunds on used or unused portions of any subscription services. However, we will refund your full amount within seven (7) calendar days of your initial payment if you have not added, posted, placed, or uploaded either a draft press release or a published press release in our system. Unused portions of subscriptions do not and can not roll over into subsequent or future subscription periods, so be sure to pace yourself during your subscription period to use all the features and services we have to offer to you.
From the moment you submit a draft or "offline" release on our site, it may take up to 5 business days for us to fully review and polish your release before its dissemination. So be sure to give yourself enough time when uploading to our site. Normally, though, we will strive to have your release sent out within 72 hours.
For each English-language press release you distribute on xinwengao.com, you get a free accompanying Simplified Chinese press release distributed on Xinwengao.com. To take advantage of this great feature, you just submit the Chinese-language press release at the same time as when you send the English-language press release to our editors. We're sorry, but we can not accept asynchronous distribution -- that means you must send both at the same time to our editors for them to count as one distribution within your subscription package. Both the Chinese and English press releases must be identical content too. If you choose to only send an English-language press release without Chinese, that is fine too.
It is fine for you to choose to only send a Chinese-language press release without an accompanying English-language press release. You still signup at xinwengao.com, and when you enter the details for your press release you will enter it in Chinese rather than English. It will then be placed in Chinese on Xinwengao.com. At this time, though, full tracking in Chinese is not available for Chinese-language press releases. Also, if you choose to send a Chinese-language press release now, you can not send the English press release later unless you want it to count as an entirely new press release in your subscription package.
All translation work we provide to you will be paid in advance by you, and we do not offer refunds under any circumstance for any and all translation work we provide.
3. USER REPRESENTATIONS AND WARRANTIES: The User is solely responsible for the accuracy and authenticity of the content of each Release submitted to Xinwengao for distribution. THE USER REPRESENTS AND WARRANTS TO Xinwengao, AS FOLLOWS:
a. That User is authorized to submit the Release to Xinwengao for distribution;
b. That the content of the Release is factually and legally accurate;
c. That the publication of the material in the Release does not violate any state, federal, national, international or common law copyright, trademark, or service mark rights, any other property rights, privacy rights, confidentiality rights or other proprietary rights of any third party,
d. User will be solely responsible for the development, operation, and preparation of the Release and for all materials that appear therein;
e. That the Release does not contain any information which is defamatory, libelous or otherwise illegal; and
f. User has independently evaluated the desirability of utilizing Xinwengao's services and is not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
4. USER'S INDEMNIFICATION OBLIGATIONS: In the event any third party brings any claim, action, arbitration, or other proceeding against Xinwengao (collectively, "legal proceeding"), arising from the distribution or publication of any Release provided by User to Xinwengao for distribution or publication, or from any breach of this Agreement, including but not limited to the inaccuracy of any warranty or representation made by User herein, User shall indemnify, defend, and hold Xinwengao its parent, affiliates, and employees harmless in connection with any and all costs, expenses, losses and liabilities as a result of any proceeding including, but not limited to, attorneys' fees, expert witness fees, costs, and expenses.
5. RESERVATION OF THE RIGHT TO REJECT RELEASE: Xinwengao may reject User's Release if Xinwengao determines, in its sole discretion, that the Release is unsuitable for distribution. Unsuitable releases may include, but are not limited to, those Releases that promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or otherwise violate intellectual property or other rights, or any other law of the People's Republic of China now or in the future. If Xinwengao rejects User's Release, User is welcome to resubmit an alternative Release at any time. In the event we reject a release, we will not refund any or all payments already made to us. So be sure to clearly read our terms and conditions before you attempt to post or distribute a release that may be illegal to disseminate in China.
6. NO WARRANTIES OR REPRESENTATIONS BY Xinwengao: No warranty is made by Xinwengao regarding any services or products provided by or through Xinwengao. Xinwengao HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES; 2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; 3) ANY WARRANTIES AGAINST NON-INFRINGEMENT; 4) ANY OTHER IMPLIED WARRANTIES ARISING FROM AN ALLEGED COURSE OF DEALING OR OF PERFORMANCE.
7. LIMITATION OF Xinwengao's LIABILITIES: Any liability of Xinwengao, its parent, affiliates or employees, for the failure of any performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortious behavior, negligence, or under any other cause or action, shall be strictly limited to a return of any amount paid by or on behalf of the User to Xinwengao in connection with the Release or Releases out of which the claim by User arises. IN NO EVENT SHALL Xinwengao, ITS PARENT, AFFILIATES OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF REVENUE, LOST PROFITS, OR DATA).
8. NOTICES: Notices by Xinwengao to Users may be given by means of posting on the website https://app.xinwengao.com or by e-mail.
9. QUESTIONS: All questions regarding Xinwengao subscriptions or the release should be sent to Xinwengao via our "Contact" page and webform.
10. ENTIRE AGREEMENT: This Agreement contains the entire agreement between the User and Xinwengao regarding the use of Xinwengao, and supersedes all prior written and oral understandings and writings, and may only be amended upon notice by Xinwengao to Users. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its terminations.
11. JURISDICTION, VENUE, AND CHOICE OF LAW: The parties agree that the exclusive location for purposes of Jurisdiction and Venue is a court of appropriate jurisdiction in Hong Kong, SAR. In any such action, the parties agree that the laws of Hong Kong, SAR shall apply and shall govern the determination of the action.
12. ATTORNEYS' FEES: If Xinwengao brings an action to collect any sums due pursuant to this Agreement, Xinwengao shall be entitled to recover its reasonable attorneys' fees, expert witness fees, and costs.
USER AGREEMENT
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Xinwengao. MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
Domestic and International copyright and trademark laws protect the entire contents of the Site. The owners of the intellectual property, copyrights and trademarks are Xinwengao, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE UNLESS YOU FIRST CONTACT THE PRESS RELEASE CREATOR. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Xinwengao a non-exclusive, royalty-free, worldwide, sublicensable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Xinwengao by all means and in any media now known or hereafter developed. You also grant to Xinwengao the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Xinwengao for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Xinwengao or any of its sites.
2. Trademarks.
Any names of Xinwengao or its Web sites, publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of Xinwengao, including the "look" and "feel" of the Site, Xinwengao's color combinations, layout, and all other graphical elements. Any use of Xinwengao's trademarks is strictly prohibited without the express permission from Xinwengao Other product and company names mentioned in the Site may be the trademarks of their respective owners. Some articles and writings on the site might have graphics or images attached to them that illustrate the stories but may not be actual pictures of the related information. All images are for illustrative puposes only.
3. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by Xinwengao, Xinwengao does not operate, control or endorse any information, products or services on the Internet in any way. Except for Xinwengao- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with Xinwengao. You also understand that Xinwengao cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
In connection with your use of the Site, you agree you will not:
a) Transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another's right of privacy or publicity, or that may be illegal or harmful to distribute to media in mainland China;
b) Impersonate any person or entity, including but not limited to, an Xinwengao official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
d) Post or transmit any Material that contains a virus or corrupted data;
e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
f) Use the Site's communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
g) Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam,""chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
h) Violate any applicable local, state, provincial, national or international law;
i) Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or
j) Delete or revise any Material posted by any other person or entity.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Xinwengao PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Xinwengao SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. Xinwengao HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Xinwengao BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Xinwengao OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Xinwengao'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
4. Equipment.
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto.
5. Indemnification.
You agree to indemnify, defend and hold harmless Xinwengao, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the Site.
6. Third Party Rights.
The provisions of paragraphs 3 (Use of the Site), and 5 (Indemnification) are for the benefit of Xinwengao and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
7. Term; Termination.
Either party without notice may terminate this Agreement at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 3 (Use of the Site), 5 (Indemnification), 6 (Third Party Rights) and 11 (Miscellaneous) shall survive any termination of this Agreement.
8. Special Admonitions for International Use.
Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
9. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Xinwengao shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
10. Links.
The Site may provide, or third parties may provide, links to non-Xinwengao. Because Xinwengao has no control over such sites and resources, you acknowledge and agree that Xinwengao 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 Xinwengao 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.
11. Miscellaneous.
Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Xinwengao's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Xinwengao may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
Some of the information on this Web site may contain projections or other forward-looking statements regarding future events or the future financial performance of Xinwengao or its clients. We wish to caution you that these statements are only predictions and that the actual events or results may differ materially.
Xinwengao is not responsible for the content on this website that is created and posted on behalf of clients and companies. For clients that post content on this website or distribute press releases via our service, please also read the terms and conditions that are part of your contract for more information. This page and those terms and conditions combine to form your key terms for this service.
12. Warnings For Press Releases.
Xinwengao does not distribute:
Advertisements: Press releases are distributed via a direct-to-consumer platform but are written in a standard press release format with a news angle -- not to sell to consumers. A good press release informs the media and the general public about a newsworthy topic. If your press release reads like an advertisement, rewrite it.
Personal Opinions: Xinwengao will not distribute content intended to harm or exact personal revenge against a person or group. Xinwengao does not typically accept press releases related to political, public policy and other sensitive matters, unless provided opinions are appropriately attributed and the release does not contain unsubstantiated allegations, excessive hyperbole, or possibly illegal content.
Adult Content: To ensure the integrity of our service for all, Xinwengao does not accept content about adult or sexually explicit material, products or events and will not distribute anything of this matter. Press release should not contain references or links to adult material, illegal material or profane language.
SPAM: Avoid getting caught in content filters because of a high volume or density of words and/or phrases that are frequently found in advertisements, unwanted e-mail (SPAM) or on non-newsworthy websites. Examples of these words and phrases include girls, amazing, FREE, sex, naked, "make money" and "don't miss this opportunity" as well as anything to do with health supplements or pharmaceuticals for sexual enhancement.
Link SPAM: Please limit your link count to 1 per 100 words. This policy is in place to protect the value of the links in a press release and the value of links within the Xinwengao network.
Blog Posts: Blog posts, general interest articles, "open letters" and the like usually lack attribution and/or news value and are not an acceptable press release format.
Opinion Pieces: News releases can be about a person or group's opinion on a topical subject, but should not contain only opinion. Opinions not attributed to a source are flags that the content may be an advertisement or opinion column rather than a news release.
Reprints: News and feature articles, opinion columns, editorials or news stories from other websites or publications, especially if they are copyrighted, are not press releases.
Fiction: All Xinwengao users must agree to submit only accurate information.
Duplicate Content: The search engines and other targeted audiences do not want to see the same release more than once.
14. Press Releases About Legal Issues.
Xinwengao can, at its own discretion, distribute press release about legal and political issues that are accurate and conform to our editorial guidelines.
Press releases on Xinwengao about legal cases and political issues must:
a) Cite from and contain a case or complaint number, court of record or other sufficient documentation for all officially filed legal actions and accusations of illegal conduct referenced in the release;
b) Contain explicit attribution to an authorized source of the material;
c) Be accurate and free of potentially libelous material;
d) Be free of content intended to harm or exact revenge upon an individual or group;
e) Be written in an acceptable press release format.
Press releases on Xinwengao about legal cases and political matters can:
a) Contain fair comment of a political or public figure as long as this content does not cross over into libel territory;
b) Express the opinion or official stance of an organization on a public issue or current event with appropriate, authorized attribution.
Press releases on Xinwengao about legal cases and political matters are not:
a) Announcements of intentions to file a court case against an individual or group;
b) Open letters;
c) Potentially libelous, which is defined as content that falsely depicts or implies;
d) A person has committed a crime or is guilty of illegal activity;
e) A person lacks mental capacity;
f) A person has engaged in immoral behavior;
g) A person has a loathsome disease;
h) An invasion of someone's privacy;
i) Threatening, abusive, menacing, offensive, violent, intimidating or otherwise objectionable;
Intended to harm or exact revenge upon an individual or group, which is defined as content that is deemed intended to:
a) Incite, advocate or express hatred, bigotry, racism or gratuitous violence;
b) Promote personal opinions attacking an individual or group;
c) Maliciously affect a company's stock;
d) Stalk, defame, defraud, degrade, shame or victimize an individual or group
IMPORTANT NOTE: Xinwengao's editorial staff reviews all press releases before distribution. Xinwengao editors have the final say in determining what content is appropriate for distribution on the Xinwengao platform. These guidelines are meant to supplement Xinwengao's terms of service, which require users to be responsible for the content and accuracy of all information submitted to us. Once a press release is posted and distributed, it can not be changed or altered. However after 28 days it can be removed from the Xinwengao website, but Xinwengao can not remove releases posted on external or syndicated sources. Xinwengao does not guarantee that other media or websites will use or syndicate your press release on their own properties.
