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US Terms & Conditions

Web Terms and Conditions – Newsletter

1              Scope of Agreement: These are the conditions of the contract between you, the Client (“You” and “your”) and Net Resources International (“Net Resources International”, “we”, “us” and “our”) governing your use of our services, including use of our e-newsletter service as set out in your purchase order. This agreement constitutes the entire agreement between Net Resources International and you. All prior agreements, understandings and negotiations and representations (save for fraudulent misrepresentation) whether oral or in writing are cancelled in their entirety. If you do not agree to these terms, you should not access or use our e-newsletter service. The terms of any other electronic communications will not form part of this agreement.
i. Any agent who shall place an Advertisement with us shall be deemed jointly and severally liable with the Advertiser to us in respect of all matters including charges relating to the Advertisement and conditions therein contained. As an agency you also confirm that you have the Advertiser’s authority to act on their behalf.
2              Content and Artwork Responsibility: You are responsible for providing us with all text and illustrations and white papers for your e-newsletter by the copy date set out in your purchase order. Failure to provide advertising copy by the closing date outlined on this agreement, will not affect your obligation to pay for your e-newsletter insert, in full. If the insert materials are provided in a different form to that specified then you will be responsible for any reasonable costs that may arise in preparing the material. We retain full editorial approval over the e-newsletter inserts and the positioning of these inserts will be at our sole discretion. We reserve the right to withdraw/ reject/ amend the material supplied by you for the insert which will not affect your obligation to pay for the advertisement in full. Unless you instruct otherwise, we will continue to run existing advertisement copy where you have booked into multiple editions. You are entitled to change your copy at any time before the closing date for each future edition. In using our services and any advertising space on our e-newsletter you agree to abide by all applicable laws, regulations and codes of conduct and you will not engage in any activities relating to our services or the e-newsletter that are contrary to such laws, regulations and codes.
3              Rights: In consideration of us providing our services to you, you assign to us with full title guarantee, for use throughout the world, the copyright (whether vested, contingent or future) in the copy supplied by you and all rights of action in respect of that copy. The above will not operate as an assignment of your trade marks, service marks and logos which will remain your property. However, you hereby grant to us a world-wide, non-exclusive, fully paid license to reproduce and display all trade marks, service marks and logos contained within the copy for the duration of the agreement.
4              Invoice & Settlement: An invoice for the order items relating to your purchase order (plus applicable sales and use taxes, which you agree are payable by you) will be issued upon publication of each e-newsletter edition. Unless expressly agreed otherwise in writing, payment for the inserts of each e-newsletter edition will be due 14 days from the date of invoice. Should your account fall overdue then interest will be charged at a rate equal to the lower of (i) 1.5% per month or (ii) the highest rate allowed by applicable law. In addition, you agree to pay all collection costs, including reasonable attorneys fees. In addition, we reserve the right in certain circumstances to modify our payment Terms to require full payment in advance and / or require you to provide such other assurances as we may require to secure your payment obligations.
5              Warranty & Indemnity: You warrant and represent to us that: (i) you have all necessary rights to grant the rights and licences set out in your contract with us; (ii) neither the copy material provided by you nor any material which you may be linked to through your advertisement will contain anything that is defamatory, obscene, false or misleading or which otherwise violates any intellectual property rights or any other intellectual property, privacy or publicity right of another; (iii) use of the copy material provided by you will not violate any applicable law or regulation or constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol (iv) use of copy material provided by you which communicates, transmits, or posts material that reveals trade secrets, unless you own them or have the permission of the owner (v) communicate, transmit, or transfer information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws (vi) or attempt to interfere in any way with our networks or network security, or attempt to use the service to gain unauthorized access to any other computer system.

You agree that there have been no guarantees made by us for this advertisement and that no employee of Net Resources International has made a promise or commitment that does not appear here. You agree to defend, indemnify and hold us, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right. You agree to indemnify and hold Net Resources International and any of our officers, employees and agents harmless from and against all and any claims, liabilities, expenses, losses, costs or damages incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from your use of this service, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.

WITHOUT LIMITING THE FOREGOING, WE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE E-NEWSLETTER, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE E-NEWSLETTER, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE E-NEWSLETTER OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE E-NEWSLETTER SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE E-NEWSLETTER, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE E-NEWSLETTER. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE E-NEWSLETTER IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

We make no warranties of any kind regarding any other sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such other sites. We do not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

6 Liability: IN NO EVENT SHALL WE, OUR AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE E-NEWSLETTER OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE E-NEWSLETTER, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF WE OR OUR REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
We accept no liability for delays in delivery and / or non-delivery for reasons or circumstances beyond our control affecting production or delivery of the e-newsletter. We reserve the right to reschedule the e-newsletter and/or cancel the e-newsletter upon written notice to you. If the e-newsletter is cancelled, you will receive a full refund of your fee. Our liability in contract, tort or otherwise arising out of or in connection with the Agreement shall not exceed the total Charges received by us from you for the Placement/s. Every care is taken to avoid mistakes but we cannot accept liability for any errors due to you, your third parties, sub-contractors or inaccurate copy instructions from any of the foregoing. Any agent who shall place an Advertisement with us shall be deemed jointly and severally liable with the Advertiser to us in respect of all matters including charges relating to the Advertisement and conditions therein contained.
7              Force Majeure: We will not be liable for any delay or failure to perform any obligation under this Agreement due to any event beyond our reasonable control, including but not limited to, earthquake, fire, flood or any other natural disaster, labor dispute, riot, revolution, terrorism, acts of restraint of government or regulatory authorities, failure of computer equipment and failure or delay of services and platforms used to operate our electronic media.
8              Term & Termination: This contract commences on the date we receive your signed purchase order and will continue until the most recent publication date.
9              Cancellation: This purchase order represents a legally binding contract between you and us. A cancellation may only be made at our sole discretion and with our written consent. Cancellation of a signed agreement prior to the closing date of each e-newsletter incurs a 50% cancellation fee. Cancellation after the closing date of each e-newsletter incurs a 100% cancellation fee. If we agree to a cancellation then the above applicable cancellation fee (plus applicable sales and use taxes) of the purchase order value will be charged payable 14 days following the date of our written permission to cancel.
10            General: You may not resell, assign or transfer any of your rights under this contract without our written consent. Any attempt to resell, assign or transfer rights without our consent will entitle us to cancel the contract without liability to you. Nothing expressed or implied in this Agreement is intended, or shall be construed, to confer upon or give any person other than You and Us and our respective successors and permitted assigns, any rights or remedies under or by reason of this Agreement.

• Our primary goal in collecting personal information from you is to give you an enjoyable customised experience while allowing us to provide services and features that most likely meet your needs. We collect certain personal information from you, which you give to us when using our Sites and/or registering or subscribing for our products and services. We also collect certain personal data from other group companies to whom you have given information through their websites. In the course of your use of our services, you may be asked to provide certain information to us. You acknowledge and agree that you are solely responsible for the accuracy and content of such information.
If you respond to the us with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall NOT be deemed confidential. All such submissions shall be deemed to be our property, and your submission of information shall constitute an irrevocable assignment to us of all worldwide rights, titles and interests in and to such information. We will not be liable for any use or disclosure of such information. We will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. We will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.
If you do not want us to continue using this information please notify us at unsubscribe@nridigital.com. Any personal information supplied to Progressive Digital Media Inc as part of this registration process and/or any other interaction with Progressive Digital Media Inc will be collected, stored and used by Progressive Digital Media Inc its subsidiaries, related companies or affiliates in accordance with the Progressive Digital Media Inc Privacy Policy. Please email privacypolicy@nridigital.com for a copy of the Progressive Digital Media Inc Privacy Policy.

You agree to comply with all applicable laws, rules and regulations in connection with your use of the e-newsletter service. It is possible that some software that may be downloaded from the e-newsletter service is subject to government export control or other restrictions. By visiting and using our e-newsletter service you acknowledge these restrictions and agree that either you are not subject to them or you will comply with all applicable laws regarding the transmission of technical data exported from the United States.

• This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Delaware, without giving effect to any conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively by an appropriate federal or state court sitting in the State of Delaware.
Changes to this contract can only be made in writing. Printed terms and conditions in any additional documents issued by you or your agent will not be recognised as binding.

FOOTER
This website is owned and operated by Progressive Digital Media Inc., a Delaware Corporation, pursuant to a license Agreement with the Net Resources International Division of Progressive Digital Media Group Plc, the parent of Progressive Digital Media Inc. www.nridigital.com.

Web Terms and Conditions – Company Profile/Banner/Video

1              Scope of Agreement: These are the conditions of the contract between you, the Client (“You” and “your”) and Net Resources International (“Net Resources International”, “we”, “us” and “our”) governing your use of our services, including use of advertising space on our website as set out in your purchase order. This agreement constitutes the entire agreement between Net Resources International and you. All prior agreements, understandings and negotiations and representations (save for fraudulent misrepresentation) whether oral or in writing are cancelled in their entirety. If you do not agree to these terms, you should not access or use our advertising service. The terms of any other electronic communications will not form part of this agreement.
i. Any agent who shall place an Advertisement with us shall be deemed jointly and severally liable with the Advertiser to us in respect of all matters including charges relating to the Advertisement and conditions therein contained. As an agency you also confirm that you have the Advertiser’s authority to act on their behalf.
2              Content and Artwork Responsibility: You are responsible for providing us with all text, illustrations and video by the copy date set out in your purchase order. You will receive a proof of the advertisement for your approval (excepting video and banners where you will be sent a confirmation email and link after publication) and any changes must be sent to us in writing by the return date shown on the proof. Changes not communicated by the return date will cause us to assume proof approval. You may change all elements of your copy twice in each renewed period (Clause 8) by written consent from us. We reserve the right to repeat standing copy or obtain copy to be published should the copy deadline fail to be met. If the advertisement materials are provided in a different form to that specified then you will be responsible for any reasonable costs that may arise in preparing the material. Failure by you to supply the necessary copy for your placement in the form specified by the copy deadline indicated by us on the purchase order will not affect your payment obligations outlined in (4) below. We retain full editorial approval over the advertisement and positioning of this advertisement on our website will be at our sole discretion. We reserve the right to withdraw/ reject/ amend the material supplied by you for the advertisement which will not affect your obligation to pay for the advertisement in full. In using our services and any advertising space on our website you agree to abide by all applicable laws, regulations and codes of conduct and you will not engage in any activities relating to our services or the website that are contrary to such laws, regulations and codes.
3              Rights: In consideration of us providing our services to you, you assign to us with full title guarantee, for use throughout the world, the copyright (whether vested, contingent or future) in the copy supplied by you and all rights of action in respect of that copy. The above will not operate as an assignment of your trade marks, service marks and logos which will remain your property. However, you hereby grant to us a world-wide, non-exclusive, fully paid license to reproduce and display all trade marks, service marks and logos contained within the copy for the duration of the agreement.
4              Invoice & Settlement: Your advertisement duration will commence and an invoice (plus applicable sales and use taxes, which you agree are payable by you) will be raised in accordance with this purchase order (i) on publication or (ii) five (5) weeks after your order confirmation, whichever is soonest. Unless expressly agreed otherwise in writing, payment will be due 14 days from the date of invoice. Should your account fall overdue then interest will be charged at a rate equal to the lower of (i) 1.5% per month or (ii) the highest rate allowed by applicable law. In addition, you agree to pay all collection costs, including reasonable attorneys fees. In addition, we reserve the right in certain circumstances to modify our payment Terms to require full payment in advance and / or require you to provide such other assurances as we may require to secure your payment obligations.
5              Warranty & Indemnity: You warrant and represent to us that: (i) you have all necessary rights to grant the rights and licences set out in your contract with us; (ii) neither the copy material provided by you nor any material which you may be linked to through your advertisement will contain anything that is defamatory, obscene, false or misleading or which otherwise violates any intellectual property rights or any other intellectual property, privacy or publicity right of another; (iii) use of the copy material provided by you will not violate any applicable law or regulation or constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol (iv) use of copy material provided by you which communicates, transmits, or posts material that reveals trade secrets, unless you own them or have the permission of the owner (v) communicate, transmit, or transfer information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws (vi) or attempt to interfere in any way with our networks or network security, or attempt to use the service to gain unauthorized access to any other computer system.

You agree to indemnify and hold Net Resources International and any of our officers, employees and agents harmless from and against all and any claims, liabilities, expenses, losses, costs or damages incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from your use of this service, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.

WITHOUT LIMITING THE FOREGOING, WE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE ADVERTISEMENT, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE ADVERTISEMENT, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE ADVERTISEMENT OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE ADVERTISEMENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE ADVERTISEMENT, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE ADVERTISEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ADVERTISEMENT IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

6 Liability: IN NO EVENT SHALL WE, OUR AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE ADVERTISEMENT OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE ADVERTISEMENT, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF WE OR OUR REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to comply with all applicable laws, rules and regulations in connection with your use of the advertising service. It is possible that some software that may be downloaded from the advertising service is subject to government export control or other restrictions. By visiting and using our advertising service you acknowledge these restrictions and agree that either you are not subject to them or you will comply with all applicable laws regarding the transmission of technical data exported from the United States.

Web Terms and Conditions – White Papers

1              Scope of Agreement: These are the conditions of the contract between you, the Client (“You” and “your”) and Net Resources International (“Net Resources International”, “we”, “us” and “our”) governing your use of our services, including use of white paper inserts on our website, as set out in your purchase order. This agreement constitutes the entire agreement between Net Resources International and you. All prior agreements, understandings and negotiations and representations (save for fraudulent misrepresentation) whether oral or in writing are cancelled in their entirety. If you do not agree to these terms, you should not access or use our white paper service. The terms of any other electronic communications will not form part of this agreement.
i. Any agent who shall place an Advertisement with us shall be deemed jointly and severally liable with the Advertiser to us in respect of all matters including charges relating to the Advertisement and conditions therein contained. As an agency you also confirm that you have the Advertiser’s authority to act on their behalf.
2              Content and Artwork Responsibility: Upon booking your white paper you will be sent a username and password for you to upload your white paper insert. You are able to use your white paper for the period as set out in your purchase order. You are responsible for providing us with all text and illustrations within the white paper in a PdF format. Failure to submit your white paper insert as set out in your purchase order will not affect your obligation to pay for your white paper insert in full. If the insert materials are provided in a different form to that specified then you will be responsible for any reasonable costs that may arise in preparing the material. We retain full editorial approval over the white paper inserts and the positioning of these inserts will be at our sole discretion. We reserve the right to withdraw/ reject/ amend the material supplied by you for the insert which will not affect your obligation to pay for the advertisement in full. You may change all elements of your white paper insert, after each renewed period (as defined in clause 8) by written request to us. We reserve the right to repeat existing white paper inserts after each renewed period unless expressly notified in writing of required changes by you. In using our services and any advertising space on our web site you agree to abide by all applicable laws, regulations and codes of conduct and you will not engage in any activities relating to our services or the e-newsletter that are contrary to such laws, regulations and codes.
3              Rights: In consideration of us providing our services to you, you assign to us with full title guarantee, for use throughout the world, the copyright (whether vested, contingent or future) in the copy supplied by you and all rights of action in respect of that copy. The above will not operate as an assignment of your trade marks, service marks and logos which will remain your property. However, you hereby grant to us a world-wide, non-exclusive, fully paid license to reproduce and display all trade marks, service marks and logos contained within the copy for the duration of the agreement.
4              Invoice & Settlement: On release of your username and password, your advertising duration will commence, and an invoice (plus applicable sales and use taxes, which you agree are payable by you) will be raised in accordance with this purchase order. Unless expressly agreed otherwise in writing, payment will be due 14 days from the date of invoice. Should your account fall overdue then interest will be charged at a rate equal to the lower of (i) 1.5% per month or (ii) the highest rate allowed by applicable law. In addition, you agree to pay all collection costs, including reasonable attorneys fees. In addition, we reserve the right in certain circumstances to modify our payment Terms to require full payment in advance and / or require you to provide such other assurances as we may require to secure your payment obligations.
5              Warranty & Indemnity: You warrant and represent to us that: (i) you have all necessary rights to grant the rights and licences set out in your contract with us; (ii) neither the copy material provided by you nor any material which you may be linked to through your white paper inserts will contain anything that is defamatory, obscene, false or misleading or which otherwise violates any intellectual property rights or any other intellectual property, privacy or publicity right of another; (iii) use of the copy material provided by you will not violate any applicable law or regulation or constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol (iv) use of copy material provided by you which communicates, transmits, or posts material that reveals trade secrets, unless you own them or have the permission of the owner (v) communicate, transmit, or transfer information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws (vi) or attempt to interfere in any way with our networks or network security, or attempt to use the service to gain unauthorized access to any other computer system.
You agree that there have been no guarantees made by us for this white paper and that no employee of Net Resources International has made a promise or commitment that does not appear here. You agree to defend, indemnify and hold us, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right. You agree to indemnify and hold Net Resources International and any of our officers, employees and agents harmless from and against all and any claims, liabilities, expenses, losses, costs or damages incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from your use of this service, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.

WITHOUT LIMITING THE FOREGOING, WE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE WHITE PAPER(S), INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE WHITE PAPER(S), WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WHITE PAPER(S) OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WHITE PAPER(S) SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE WHITE PAPER(S), YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WHITE PAPER(S). ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WHITE PAPER(S) IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

6 Liability: IN NO EVENT SHALL WE, OUR AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE WHITE PAPER(S) OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE WHITE PAPER(S), INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF WE OR OUR REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Our liability in contract, tort or otherwise arising out of or in connection with the Agreement shall not exceed the total Charges received by us from you for the Placement/s. Every care is taken to avoid mistakes but we cannot accept liability for any errors due to you, your third parties, sub-contractors or inaccurate copy instructions from any of the foregoing. Any agent who shall place an Advertisement with us shall be deemed jointly and severally liable with the Advertiser to us in respect of all matters including charges relating to the Advertisement and conditions therein contained.
7              Force Majeure: We will not be liable for any delay or failure to perform any obligation under this Agreement due to any event beyond our reasonable control, including but not limited to, earthquake, fire, flood or any other natural disaster, labor dispute, riot, revolution, terrorism, acts of restraint of government or regulatory authorities, failure of computer equipment and failure or delay of services and platforms used to operate our electronic media.
8              Term & Termination: This contract commences on the date we receive your purchase order and will continue initially until the first anniversary on which your period of advertising commenced (see clause 4). The contract will automatically renew on the first anniversary and then on each subsequent anniversary for a further 12 month period (“renewed period”), unless you or Net Resources International has given the other valid notice to terminate. Either party not wishing to automatically renew their contract on the anniversary date must give at least one month’s calendar notice before the anniversary date.
9              Cancellation: This purchase order represents a legally binding contract between you and us. A cancellation may only be made at our sole discretion and with our written consent. If we agree to a cancellation prior to invoicing then a fee of 50% (plus applicable sales and use taxes) of the purchase order value will be charged payable 14 days following the date of our written permission to cancel. If we agree to a cancellation after invoicing then a fee of 100% (plus applicable sales and use taxes) of the purchase order form value will be charged payable 14 days following the date of our written permission to cancel.
10           Suspension: In the event that you fail to pay any sums due to us under this contract, and such sums remain outstanding to us for more than forty five (45) days from invoice, we reserve the right in our absolute discretion to immediately (i) suspend your use of our advertising services and any materials we have provided under your contract and/or your advertising space on our website; and/or (ii) remove your advertisement(s) and all your materials (including without limitation your trade marks, logos and white papers) from our website. Upon your payment of any such outstanding sums owed to us, we may in our sole discretion allow you to resume any or all of the foregoing uses in relation to our advertising services and advertising space on our website, and shall inform you of our decision in writing. If your service with us should be reinstated and allowed to resume, then your contract period shall thereafter be the remainder of the subscribed period from the date of reinstatement until expiration (as if the contract had not been suspended). This shall not in anyway affect or prejudice our right to terminate the contract or any other rights or remedies available to us.
11           General: You may not resell, assign or transfer any of your rights under this contract without our written consent. Any attempt to resell, assign or transfer rights without our consent will entitle us to cancel the contract without liability to you. Nothing expressed or implied in this Agreement is intended, or shall be construed, to confer upon or give any person other than You and Us and our respective successors and permitted assigns, any rights or remedies under or by reason of this Agreement.
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