Full Terms & Conditions for the Linking News Public Relations Services

This Agreement is made and entered into by and between the Client (hereinafter referred to as “the Client” or “you”) and the owner of Linking News (hereinafter referred to as “Linking News”), its related service provider/s, and/or its affiliated companies. Each counterparty in this Agreement may be referred to as a “a party” and collectively, “both parties”. You hereby accept and agree to be bound by all the terms and conditions as stipulated in this Agreement.

 

You are hereby encouraged to carefully read this Agreement, especially with respect to provisions relating to disclaimers, liability limitations, punitive terms, governance and applicable laws, etc. Should you disagree with any of the provisions of this Agreement, either in part or in whole, you are hereby prohibited from entering into this Agreement and using any service of Linking News. In case of any dispute, you agree that you are prohibited from making the defense of failing to read with due care the terms contained herein. Linking News, in its sole discretion, hereby reserves the right to amend this Agreement as it sees fit, or change its product or service, and shall inform you of such changes through the platform, email, call, or through a letter. By using any of the services of Linking News, you hereby agree to be automatically bound by this Agreement.

 

You need to sign this Agreement which is in electronic form, but may nevertheless be applicable to you should you use the services of Linking News in form or manner. This Agreement will be saved in the special server duly set up by Linking News permanently for further reference upon signature. Both parties recognize the validity of this form.

 

1. USAGE

You will use this site in a manner consistent with any, and all applicable laws, legislation, rules and regulations. If you violate any restrictions in these terms, or any applicable laws or regulations, you agree to indemnify Linking News for any losses, costs or damages, including reasonable legal fees, incurred by Linking News in relation to, or arising out of such a breach.

 

2. ABOUT US:

Linking News is a press release distribution service and PR agency.

 

3.   DESCRIPTION OF SERVICES

3.1   Linking News renders both Press Release Distribution Service and PR Outreach Service (hereinafter referred to as the “Services” or “Service”).

3.2  You hereby acknowledge to be bound by the following terms contained within this section 3.2 when you opt for the PR Outreach Service:

 

The fee that you are obligated to pay  to Linking News depends on the service package you opt for in writing as may be communicated to Linking News. Where Linking News fails to get the placement or media coverage for you or your brand, you may be entitled to a full refund. Linking News does not accept sites related to gambling, dating, adult, loan, mortgage, pharmacy, etc.

 

The turnaround time for the delivery of the service is usually between 15-60 days, depending on the PR outreach package chosen when ordering on our website, and also the length of time required to pitch to journalists or media outlets. Linking News doesn’t have a refund policy and thus, no refunds will be given to you once you place the order. This is due to the logistics, time, and costs for the PR outreach service. In Linking News’ sole discretion, you may be entitled to a refund if we fail to get media placement for you.

 

No edits shall be permitted on the details of your order once it has been placed and confirmed. As this is a PR outreach service, Linking News generally cannot change/revise your Content to suit your needs.

 

You hereby acknowledge that Linking News may not be able to accept all niches for all sites. In the event that an order cannot be processed, Linking News reserves the right to refund your payment and cancel your order at any moment.

 

Due to the ongoing changes in the media industry, competitiveness of keywords/phrases, and other competitive factors, Linking News does not guarantee any result in any form, including but not limited to the quality, numbers of placement, media sites or channels, turnaround time, duration, method.

 

 

4. APPLICABILITY

These general terms and conditions (the “Conditions”) apply to:

(a) The use of any information, pictures, documents and/or other Services offered by Linking News via www.linkingnews.com  (our “Website”);

 

5.   COMPOSITION OF THIS AGREEMENT

This Agreement consists of the main body, and also the Acceptable Guidelines of the Client’s Content for the Linking News Public Relations Services. Once you tick on the “agree” option, or sign this Agreement, or use any of our Services, the aforesaid documents will bind you.

 

6.   PURPOSE AND BACKGROUND OF THIS AGREEMENT

This Agreement sets down the terms and conditions concerning the Services provided ,as well any service of Linking News used by you individually or for and on behalf of your company.

 

Services generally refers to the editing, writing, translation and release of news or article as well as the editing, production, and release of Content in the form of texts, photos and videos. This Agreement is the integral agreement governing the relationship between you and Linking News, and shall replace all other service-related statements, discussions, commitments, letters or agreements previously entered into, except those which are intended to be made as an addendum to this Agreement, or executed to help further the Services contemplated by this Agreement..

 

Linking News facilities are governed by Federal and State laws and regulations. News, advertisements copy and other information, in any format now known or hereafter developed, including, without limitation, textual, photographic, video and audio files and URLs (collectively,” Client’s Content”), may be submitted through the Services, subject to the terms of this Agreement.

 

Linking News reserves the right, in its sole discretion, to reject any Client content or any Client Order.

 

7. PRICING/PAYMENTS

Our secure payment channel allows you the opportunity to make your payments through our platform. All payments are NONREFUNDABLE and NON-NEGOTIABLE in nature, except in circumstances where a refund may be permitted under this Agreement. Payment shall be made via automatic ACH withdrawal, Credit Cards, or PayPal where applicable.

 

The fee that you are obligated to pay to Linking News depends on the Service package you opt for in writing as may be communicated to Linking News.

 

8. USER RESPONSIBILITIES

You are responsible for payment of all fees associated with your use of the Services under in this agreement.

 

You are responsible for the legality and accuracy of any Content you submit to Linking News or  through the Services. Because of the volume of information and copy submitted to Linking News, Linking News is not responsible for verifying any of your submitted Content. You hereby represent and warrant to Linking News that;

(i) You have the right and authority to deliver to Linking News all Content submitted, including for distribution through the Services;

(ii) You will comply with all applicable laws, rules and regulations, with respect to acts of advertising and marketing;

(iii) You have obtained all required authorizations and consents with respect to any information or data that you provide concerning individuals and the use and transfer thereof;

(iv) You will not submit Content that is obscene, libellous, racist，discriminatory，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 only for valid and legitimate business purposes;

(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 Guidelines of the Client’s Content for the Linking News Public Relations Services and will not, among other restrictions, contain information related to threatened litigation, advertising, unauthorized celebrity endorsements, stock advice or recommendations or material news, copyrighted material, 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 Linking News, its affiliates and agents, and those licensed or otherwise authorized by Linking News 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;.

 

9. DELIVERY DATE OF CLIENT’s CONTENT

All Client’s Content (including, without limitation, text, artwork, content, and design) must be received by Linking News prior to the scheduled date to post in order to ensure timely placement. If the Client fails to submit its contents to Linking News before the said scheduled date, and which contributes to the delayed delivery of Linking News of its Services as per this Agreement, the Client shall bear all the losses arising therefrom.

 

10. THE CONTROL RIGHTS OF THE CLIENT’S CONTENT

10.1  Linking News may reject the content of any advertising copy, submitted by Client for any reason whatsoever, in its sole and absolute discretion. Linking News shall retain exclusive control over the display of the advertising copy.

10.2  Unless otherwise stated in this Agreement, all copy (including, without limitation, artwork, content, and design) delivered to Linking News in connection with this Agreement shall become the sole property of Linking News and may be disposed of as it deems appropriate.

10.3  The Client shall not cancel or change any of the Client Content which have already have been released by Linking News as per the terms of this Agreement or try do the aforesaid without any cause, and in such case, Linking News will not provide any remedy of cancellation.

10.4   All Client’s Content submitted to Linking News for transmission 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 Client Content, and cannot be the name of an agency issuing Content on Your behalf.

 

11.   REPRESENTATION AND WARRANTIES

11.1 Client represents and warrants that it is the owner of the trademarks and/or copyrights, or has secured all rights thereto, for all Client’s Content provided to Linking News. Client agrees to defend, indemnify, and hold harmless Linking News and its officers, directors, members, employees, agents, representatives, affiliates, successors, and assigns from all liability, claims, demands, losses, damages or judgments, including costs and attorneys’ fees, arising out of or in connection with the Client’s Content provided by Client. Linking News is not responsible for the liabilities and legal cost arising out of or in relation to the contents provided by the Client.

11.2 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 Linking News 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 Linking News a royalty-free perpetual license and right to reproduce, distribute, translate, archive and create derivative works of the processed Content.

 

12. DISCLAIMER OF WARRANTIES

Linking News 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. Linking News 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. In consideration of the influence by all factors, Linking News does not guarantee any result in any form, including but not limited to the quality, numbers of placement, media sites or channels, turnaround time, duration, method; Linking News reserves the rights to release the Client’s contents via its internal platform and mode and in such case, and this does not amount to a breach of this Agreement. Linking News, as well as its related companies, dealers, distributors and suppliers does not provide any guarantee, warranty or conditions related to the service used by you, either in an expressed or implied manner. You have understood you are liable for the risk of service used and we provide service based on “the realities”, service may contain “faults in all forms” and we can provide the functions “available at present”. Within the scope allowed by laws, we eliminate all guarantees regarding the merchantability, quality satisfaction, applicability for special purpose and non-infringement in an implied manner. Linking News 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; industrial disputes, other labor trouble, the actions of the partner or other third party; Linking News becomes insolvent or is judged to go bankrupt, is closed down or undergoes restructuring or liquidation, and the similar issue; mechanical or equipment failure; and the breakdown of software, computer system and network.

 

13. FORCE MAJEURE

Linking News shall not be liable to Client or any other party for any failure to perform any part of this Agreement, including, without limitation, the failure of any Client’s Content to post, or display due to: mechanical or equipment failure, the breakdown of software, computer system and network; federal, state, or local government action, statute, ordinance, rule, or regulation; strike, industrial disputes or other labour trouble; the actions of the partner or other third party; Linking News becomes insolvent or is judged to go bankrupt, is closed down or undergoes restructuring or liquidation, and the similar issue; riot, war , terrorism or other civil disturbance; sabotage, fire, flood, wind, lightning or electrical storm; environmental hazard or other acts of God; inability to secure equipment or necessary ancillary material or supplies; or, without limiting the foregoing, by any other cause, contingency, or circumstance not subject to or within Linking News’ reasonable control which prevents or hinders Linking News’ performance of this Agreement (each, a “Force Majeure Event”). Any failure to perform or suspension of performance by Linking News due to  Force Majeure Events shall not constitute a default or breach under this Agreement.

 

14. LIMITATION OF DAMAGES

Notwithstanding any other provisions of this agreement, in no event shall Linking News be liable for indirect, incidental, or consequential damages (including lost profits) sustained or incurred in connection with Services or advertising provided or to be provided under this agreement, regardless of the form of action, whether or not such damages were foreseen or unforeseen. In no event shall Linking News be liable for damages, losses or expenses of any nature whatsoever that may result from the fraudulent or unauthorized use of trademarks, marks or other third-party property interests or content provided by Client hereunder.

 

15. LIABILITY RESTRICTION

15.1  Linking News and its supplier or subsidiaries shall in no event held liable for any loss, claim or fees or any consequential, indirect and incidental loss or any lost profits or deposits, even if the representative of Linking News has been informed of the possibility of such loss, damage or claim. The aforesaid restriction and elimination apply within the scope allowed by the applicable laws of the jurisdiction governing Linking News.

15.2 The Website may provide links to external Internet sites. Linking News hereby declares explicitly that it has no influence on the layout or content of the linked pages and dissociates itself expressly from all contents of all linked pages of third parties. Linking News shall not be liable for the use or content of Internet sites that link to this site or which are linked from it.

15.3 The information on the Website is for general information purposes only and does not constitute advice. Even though Linking News has composed its Website with care, the information, texts, documents, graphics, and/or other Services/information on it may contain errors or be otherwise incorrect or incomplete. Linking News does not guarantee that the Website and/or the information is free of errors, defects, malware and viruses or that the Website and/or information is correct, up to date and accurate.

15.4 To the maximum extent permitted under applicable law, Linking News shall not be liable for any damages resulting from the use or inability to use the Website, including damages caused by malware, viruses or any incorrectness or incompleteness of such information or the Website.

15.5 Linking News shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with this Website, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

 

16. ARBITRATION

In the event you become dissatisfied for the Services we have performed; we encourage you to bring that to our attention immediately; we will do the same if we perceive a problem with the representation. It is our belief that most such problems can be resolved by good faith discussion between the parties. Nevertheless, it is always possible that some dispute may arise which cannot be resolved by discussion between us. We believe that such disputes can be resolved more expeditiously and with less expense to all concerned by binding arbitration rather than by court action. Accordingly, both you and we agree to be bound by the Arbitration Provision hereto and it is an indivisible part of the Agreement.

 

Arbitration is a process by which both parties to a dispute agree to submit the matter to a judge or arbitrator who has expertise in the area and to abide by the arbitrator’s decision. In arbitration, there is no right to a trial by jury and the arbitrator’s legal and factual determinations are generally not subject to appellate review. Rules of evidence and procedure are often less formal and rigid than a court trial. Arbitration usually results in a decision much more quickly than proceedings in court.

 

You agree any dispute arising out of the performance of this Agreement or in relation with this Agreement, both parties’ relations or Service provided (including but not limited to the charge against duty diligence, violation of trust obligations, fraud or regulation-based claim) shall be resolved by the arbitration committee of competent jurisdiction in San Francisco, California State. In case of any conflict between arbitration rules and procedures and this Agreement, the latter shall prevail. If we are unable to agree on an arbitrator, each party will name one arbitrator and the two persons so named will select a neutral arbitrator who will act as the sole arbitrator. If either side fails or refuses to name an arbitrator as set forth above, the arbitrator identified by the other party shall conduct the arbitration.

 

This Agreement shall be governed and interpreted by the laws of San Francisco, California State. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement shall nonetheless remain in full force and effect without being impaired or invalidated in any way. Any dispute arising out of or in relation with the performance of this Agreement shall be resolved by the federal and state arbitration committee or court of competent jurisdiction in San Francisco, California State.

 

17. ATTORNEYS’ FEES AND COSTS

The prevailing party to any proceeding brought to enforce the terms of this Agreement shall be entitled to a reimbursement of reasonable attorneys’ fees and costs from the non-prevailing party.