Event Posting Terms
In this document, the word "announcer" represents and includes the person(s), the organization(s), the agent(s) / the agency(ies) acting on behalf of any person or any organization who submits an announcement / event posting for publishing or listing in HamaraPages; the word "announcement" is the text to be listed or published in HamaraPages; the word "HamaraPages" represents HamaraPages website, the newsletter and other publications.
If the announcement is submitted by an agent / an agency / an organization on behalf of any person(s), the announcer hereby acknowledges (a) that the announcer has the legal consent from the person(s) / organization to make the announcement; (b) that the announcer acknowledges that the person(s) / organization represented by the announcer have also agreed and accepted the terms mentioned in this document.
The announcer hereby acknowledges that the announcer is legally empowered with due corporate authority to enter into this contract and agrees to be bound by the Terms and Conditions of this contract.
The announcer and other persons and organizations mentioned in the announcement are jointly and severally responsible and liable for any and all content of the announcement submitted, printed, published, and distributed and will indemnify HamaraPages and its licensees, subsidiaries, affiliates, assigns, associates or parent organizations for any damages or any law suits of any nature as a result of the announcements.
By submitting an announcement for publishing in HamaraPages, the announcer and the agent agree to be bound by the terms of this document.
By submitting an announcement for inclusion in HamaraPages, the announcer clearly understands that HamaraPages is NOT marketing, selling or promoting the event or the announcing organization or its products / services or any person(s) mentioned in the announcement.
By submitting an announcement, the announcer very clearly understands that HamaraPages has no obligations or liabilites or responsibilities or is not bound by any terms and conditions to publish any FREE announcements or keep FREE annoucement in the website. For paid announcements, HamaraPages's obligations are limited to (a) publish relevant details of the announcement in www.hamarapages.com for a period mentioned in the listing plan from the date of first listing of the announcement; (b) if applicable - include relevant details of the announcement in HamaraPages newsletter for the number of times as mentioned in the listing plan.
HamaraPages is not obligated to serve the announcement to any other person(s) or organization(s) in any other way.
The announcement will be considered as published in HamaraPages when the announcement has been listed in HamaraPages website either manually or automatically. No refund, either partly or fully, will be made once the announcement is listed or published as described above.
Cancellations or changes in the announcement will not be accepted for submitted announcement after the announcement is published either in the website or the newsletter. Any cancellations or change orders or requests to unlist any announcement must be made in writing and acknowledged by HamaraPages. No refunds will be made for cancellations or unlisting if any.
HamaraPages reserves the right to change any of these terms at any time without any notice to anyone.
HamaraPages will not be responsible in any way for any errors in the announcements.
The announcements must be made only in English!
Only one event description must be mentioned in one announcement!
If for any reason the announcement date shall start later than scheduled, HamaraPages reserves the right to extend the listing time to beyond the end of the contract without any financial compensation to the announcer or any other person or organization whatsoever.
HamaraPages will not be liable for any consequential loss or damage caused by late publication / listing or failure of an announcement to appear.
HamaraPages reserves all the rights to remove the announcement any time, without any notice to any one, including the announcer or the announcing organization, without any responsibility for any claims, refunds or damages, if the announcement violates any of the provisions of this contract or if the announcement contains inappropriate, unlawful or sexual content or abusive information or other non-acceptable information, misleading, inaccurate or fraudulent information, unfair competitive claims, or information that does not comply with HamaraPages standards of decency and dignity. The announcer agrees and acknowledges that HamaraPages's decision will be final and binding in examining and determining if the announcement meets the standards of acceptability.
If the announcer is posting the announcement on behalf of some other person or organization, the announcer hereby acknowledges and agrees not to charge the person / organization or beneficiary or sell the announcement for a higher fee than mentioned in the listing plan.
HamaraPages will not be responsible if any person(s) or organization(s) or any newsletter(s) or publications(s) or newspaper(s) or email(s) or website(s) reproduce or make a mention about the announcement.
The announcer hereby acknowledges and agrees that the announcer shall post or publish only announcements about real events and shall not publish or post any other information or announcement. HamaraPages reserves all rights to remove any announcements that violate this provision and other provisions of this contract, without any notice to anyone or without any penalty for damages.
Payment: The announcement fee, if any, is due in full upon submission of the announcement by the announcer. If payment is not made, HamaraPages, at its option, may not publish the announcement.
Any artwork or material submitted to HamaraPages will be generally retained by HamaraPages. The announcer may collect the same by paying shipping charges.
Delivery / Result: HamaraPages does not guarantee or warranty, either implicitly or explicitly, the number of persons or organizations who'd see or receive the announcement either at the website or by email or any other means within any time frame. HamaraPages does not guarantee or warranty in any way for any sales, responses, resumes, inquiries, income or anything else to the announcer(s) or the organization(s) mentioned in the announcement.
All figures relating to the number of announcements served as determined by HamaraPages shall govern, regardless of whether announcer is using any other means for determination.
Rejections: HamaraPages reserves the right, without liability, to reject, omit or exclude any announcement for any reason at any time, with or without notice to the announcer, and whether or not such announcement was previously acknowledged, accepted, or published.
Licenses and Indemnification: The announcer grants HamaraPages the right to use, reproduce, publicly display and distribute announcer's announcement and collateral information and warrants that announcer has the right to grant such license.
The announcer represents that the announcer is the owner or is licensed to use the entire contents and subject matter contained in its announcements and collateral information, including, without limitation, (a) the names and/or pictures of persons; (b) any copyrighted material, trademarks, service marks, logos, and/or depictions of trademarked or service marked goods or services; and (c) any testimonials or endorsements contained in any announcement submitted to HamaraPages.
In addition, the announcer represents that the announcer's announcements and collateral information do not violate any applicable local, state or federal law or regulation. The announcer acknowledges and assures that the announcement does not promote or announce any unlawful job / activity / product / service / event / information.
In consideration of HamaraPages' acceptance of such announcements and information for publication, the announcer and any other person(s) / the organization(s) represented by the announcer will jointly and severally indemnify and hold harmless HamaraPages and its officers, directors, shareholders, employees, accountants, attorneys, agents, parent, affiliates, subsidiaries, successors and assigns from and against any and all third party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to: (i) announcer's / the organization(s) breach of any covenants, representations, claims, assurances and warranties made therein, (ii) HamaraPages' performance under this contract, and (iii) the copying, printing, distributing, transmitting or publishing of announcer's announcements or collateral information by HamaraPages.
The announcer, the person(s) and organization(s) mentioned in the announcement jointly and separately agree to protect, indemnify and hold harmless HamaraPages and its licensees from all third party claims or actions arising out of or based on the announcement or based on the event / job / activity / employment mentioned in the announcement.
Limitation of Liability: In the event HamaraPages fails to publish an announcement or of any other failure, technical of otherwise, of such announcement to appear or be transmitted, the sole liability of HamaraPages to the announcer shall be limited to, at HamaraPages' sole discretion, a pro rata refund of the fee, placement of the announcement at a later time, or extension of the term of announcement. In addition, HamaraPages is not responsible for the quality and/or clarity of the content, color or appearance of the announcements. UNDER NO CIRCUMSTANCES WILL HamaraPages BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATON, FOR LOST TIME, OPPORTUNITY, INCOME OR PROFITS OR REPUTATION, IN ANY WAY ARISING OUT OF OR RELATED TO THIS CONTRACT, EVEN IF HamaraPages HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
HamaraPages cannot be held liable for any delays in production or delivery for any reason, including but not limited to due to an Act of God, action by government, system failures, telecommunication failures, electrical failures, fire, flood, insurrection, riot, explosion, embargo, strikes whether legal or illegal or transportation interruption, unavailability of material or supplies.
Choice of Law and Forum: This contract shall be interpreted and construed in accordance with the laws of New York, USA. Each party hereby consents to the exclusive personal jurisdiction of New York, acknowledges that venue is proper only in any state or Federal court in New York, agrees that any action related to this contract must be brought in a state or Federal court in New York, and waives any objection that may exist, now or in the future, with respect to any of the foregoing.
Credit Cards: In the event that the Announcer pays any amounts due hereunder with a credit card and the issuer of the credit card fails to pay the amounts authorized by the Announcer, the Announcer shall immediately remit full payment to HamaraPages plus any interest due on the outstanding amounts. In addition, if the Announcer pays any amounts due hereunder with a credit card and the issuer of the credit card seeks to recover from HamaraPages any amounts received by HamaraPages from the issuer, the Announcer shall immediately remit to HamaraPages all amounts necessary to comply with the issuer's request and any costs and expenses incurred by HamaraPages.
Miscellaneous: No public statements concerning the existence or terms of this contract will be made or released to any medium except with the prior approval of both parties or as required by law. The announcer may not resell, assign or transfer any of its rights hereunder, and any attempt to resell, assign or transfer such rights shall result in immediate termination of this contract, without liability to HamaraPages. If any portion of the contract is found unenforceable for any reason, the reminder will remain in full force and effect. No waiver by HamaraPages shall operate as a waiver of any other provision or any subsequent default. This document represents the entire agreement of the parties; HamaraPages will not be bound by the representations of any agents, brokers, or other third parties. Any modifications must be in writing and signed by an authorized representative of HamaraPages. All terms of this contract, which by their nature extend beyond its termination, remain in effect until fulfilled and apply to the respective successors and assigns.