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derivativeslawyer.com Publication Terms



1. General

1.1 The terms and conditions hereinafter contained (“Publication Terms”) apply to all material (“Material”, which includes but not limited to digital files, articles, images, mark-up language, programmes, scripts or codes) accepted for publication or made accessible (“Publication”) for and on behalf of any person (the “Advertiser”), including Material placed on the Website by Google, on derivativeslawyer.com (the “Website”) and no other terms and conditions will be applicable unless agreed to in writing by the advertising agent of the Website, Geodesic Sendirian Berhad (the “Agent”).

1.2 The use of the Website is also governed by the general terms and conditions set out at http://www.derivativeslawyer.com/legal.html (“General Terms”). In connection only with the Publication and Material, the Publication Terms shall prevail in the event of any inconsistency between the Publication Terms and the General Terms.

2. Advertiser's Obligations

2.1 The Advertiser agrees to comply with and to be bound by these Publication Terms by the placement of or agreement to place or make accessible any Material, whether by itself or through an agent, on the Website.

2.2 The Advertiser agrees to pay all amounts agreed to be paid when the same is due and the Agent reserves the right to (a) charge interest on overdue amount from the due date to the date of actual payment and/or (b) suspend or withdraw any Publication of the Advertiser in the event of the Advertiser's failure to pay any amount. The Advertiser's obligation to make any payment shall not be affected by the failure on the Advertiser's part to submit any Material for Publication.

2.3 Request to cancel, suspend or alter any Publication or Material must be made by the Advertiser to the Agent not later than 5 working days prior to the scheduled date of Publication but such request shall not affect the Advertiser's obligation to pay any amount agreed to be paid in respect to the Publication or Material.

3. Material

3.1 The Advertiser accepts responsibility for the content of its Material and will solely be liable for false, misleading, inaccurate, infringing or other actionable content contained or referred to in its Material.

3.2 The Advertiser agrees not to submit any Material that is in the determination of the Agent objectionable, defamatory, libelous, obscene, threatening, untrue or in breach of the law or advertising industry codes of conduct or infringes the rights of third party (collectively, “Returnable Material”). The Agent has the right to return any Returnable Material to the Advertiser for revision, amendment or modification so that it is fit for Publication and may refuse to publish any Returnable Material without prejudice to the obligation of the Advertiser to make payment agreed to be made in relation to the Publication.

3.3 Images submitted by the Advertiser must in “gif”, “jpeg” or “png” or other format agreed by the Agent in writing. The Agent has a right to refuse to publish or include any image that is not in an agreed format.

3.4 The Advertiser agrees to indemnify the Agent, its employees, directors and suppliers (“Agent Parties”) against any damages, losses, claims, costs arising with or in connection with the Publication or the Material.

4 Intellectual Property

For the purpose of Publication, the Advertiser grants to the Website the royalty free right and licence to publish, use, reproduce, store, distribute and display the Material worldwide. The Advertiser further agrees that the Material may be used by the Agent or any person or company authorised by the Agent to compile statistical information on the Advertiser and to update the Agent's records and databases. The Advertiser agrees that it has no right whatsoever in such records and database.

5. User Data

User data (“User Data”) of the Website is compiled by third party and the Agent makes no representation or warranty nor does it accept any liability for the content, accuracy, currency or integrity thereof. The Advertiser shall not rely on the User Data to make any Publication judgment or decision and the Agent accepts no liability arising from or in connection with such reliance.

6. Disclaimer

6.1 None of the Agent Parties shall have any liability whatsoever to the Advertiser, its directors or employees (“Advertiser Parties”) for any direct, indirect or consequential loss or damage, cost suffered or incurred, whether arising in tort, contract or otherwise and whether arising from or in connection with the use of the Website, the Publication, Material or the unavailability, withdrawal, discontinuance or suspension thereof due to any reason whatsoever.

6.2 The Advertiser agrees and acknowledges that in the event that the above exclusion of liability is held to be invalid, the collective and aggregate liability of the Agent Parties to the Advertiser Parties for any loss or damage of whatsoever nature whether arising in tort, contact or otherwise shall not exceed a sum equal to the Malaysian Ringgit (MYR) 1,000.

7. Miscellaneous

7.1 The Agent reserves the right to vary these Publication Terms and such variation shall take effect upon publication on the website without further reference to the Advertiser.

7.2 Nothing in these Publication Terms shall confer any right on any third party.

8. Governing Law

These Publication Terms shall be governed by the laws of Malaysia and the Advertiser and the Agent agree to submit to the exclusive jurisdiction of the Malaysian courts.



derivativeslawyer.com

Last updated December 2007

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The above notes are intended to highlight issues and provide only general outlines and not intended to be comprehensive nor legal advice. Where applicable, the same should be read in conjunction with, and are qualified in their entirety by, the full provisions of the relevant ISDA provisions and definitions. They shall never be used in place of professional advice. We accept no responsibility for any loss arising from any action taken or not taken by anyone using this material or using this material in conjunction with any ISDA documentation in reliance thereof. If you have any question, please contact us.

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