| Terms & Conditions On Showproof |
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| Acknowledgement
by Customer |
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| 1. |
Request for artwork: The Advertiser
and the signatory of this Acknowledgement
("Signatory") personally acknowledge
that Yellow Pages (Singapore) Limited
("YPS") has been provided
with materials containing text, designs,
drawings, trade marks, trade names,
copyright, designs, patents, know-how,
industrial property and other intellectual
property and other items ("Advertising
Material") with the request that
YPS compile from the Advertising Material
the form taken by the advertisement
which artwork is attached hereto ("Showproof"). |
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| 2. |
Warranty
as to contents of advertisement: The
Advertiser and the Signatory jointly
and severally warrant as follows: |
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| a. |
They have the right and authority
and/or have obtained all licences
approval or permission from all
relevant parties, to instruct
or permit YPS to compile, reproduce,
print, publish or otherwise use |
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Each
item of Advertising Material
separately or in combination
in the form of the advertisement
attached hereto; and/or |
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The
statements, representations
or references to any person,
occurrence or thing contained
within the advertisement. |
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| b. |
All statements, representations
(including but not limited to
pictorial representations) and/or
references found within the advertisement
are accurate and true, and not
in any way defamatory of any persons,
either living or dead. |
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| 3. |
Amendment:
YPS may, without derogation from the
warranties contained in Clause 2, refuse
or require to be amended the advertisement
or any item of Advertising Material
appearing in the advertisement so as
to avoid infringing third party rights
and any rules and regulations in force
in Singapore from time to time. |
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| 4. |
Intellectual Property: All trademarks,
copyright, designs, patents, know-how,
industrial property and other intellectual
property comprised in the Services and
materials provided by YPS, including
photographs and Showproof given in printed
form, electronic form or any other form
("YPS' Intellectual Property")
are the exclusive property of YPS. No
use and reproduction of any part of
the same in any manner or form is allowed
without YPS' prior written approval.
The Advertiser and the Signatory shall
fully indemnify YPS in respect of any
losses, damages, costs and expenses
which may be suffered by YPS from the
unauthorised use of YPS' Intellectual
Property by any party through breach
by the Advertiser and the Signatory
of this Agreement or through the negligence
of the Advertiser and the Signatory
or through any other cause. |
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| 5. |
Indemnity and remedial action: The Advertiser
and the Signatory hereby jointly and
severally undertake to indemnify and
keep fully indemnified YPS against all
complaints, charges, damages, losses,
claims, proceedings (or threatened claim(s)
or proceedings), costs (including legal
costs on an indemnity basis) and expenses
of any nature arising from, or as a
result of, any and all breaches of the
obligations, or otherwise, by either
the Advertiser or the Signatory or both,
including but not limited to YPS taking
any step(s) to defend, enforce or preserve
its rights pursuant to this Agreement
or otherwise. For the avoidance of doubt,
the Advertiser and the Signatory's indemnity
referred to above shall include (but
not be limited to) any amount paid or
payable by YPS by virtue of any judgement,
award or compromise in respect thereof,
which compromise shall be in the sole
and absolute discretion of YPS. The
Advertiser and the Signatory agree and
undertake to immediately take all steps
to resolve any claim (or threatened
claim) complaint and/or charges upon
notice of the same, which shall include
the publication of any apology(s) where
necessary. Without prejudice to the
indemnity provided herein, the Advertiser
and Signatory further agree that YPS
may, at its discretion, discharge, satisfy
and/or settle any claim/action or threatened
claim/ action by any person without
any reference to the Advertiser/Signatory. |
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| 6. |
Right to Delete/Refusal to Publish:
Without prejudice to any of the foregoing,
YPS shall in its absolute discretion,
be at liberty to: |
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| a. |
Reject
or decline to publish the advertisement
without any explanation and to
refund any monies, which may have
been paid, even if a similar advertisement
had been published previously; |
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| b. |
Delete
or otherwise remove any advertisement,
which has already been published
without any explanation and at
its sole discretion to refund
any monies, which may have been
paid without any liability to
the Advertiser and/or Signatory.
The Advertiser and/or Signatory
will have no claim whatsoever
against YPS. |
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| 7. |
Location of Advertisement: The Advertiser
and the Signatory acknowledge and understand
that YPS cannot entertain any requests
for particular locations of display
advertisements in the YPS' publications
(print and/or electronic). |
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| 8. |
Artwork charges: The Advertiser and/or
the Signatory may request and YPS may
permit the amendment of the artwork
for the first and second Showproof at
no charge. No further requests for Showproofs
shall be entertained. YPS however, may
at its sole discretion allow the same
subject to payment of the requisite
fees. |
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| 9. |
Artwork
size: The Advertiser and/or the Signatory
acknowledges that the size of the artwork
attached hereto corresponds exactly
with that it desires to be published. |
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| 10. |
Colour and clarity of artwork: YPS shall
use its best endeavours to ensure the
conformance of the colour and clarity
of the artwork in the Showproof with
that later advertised in printed and/or
electronic form over the media and/or
internet. YPS shall however not be responsible
for any non-conformance as regards colour
and clarity of the artwork in the advertisement. |
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| 11. |
Cancellation
Policy and Charges: Please refer to
Clause 7 of the Terms and Conditions
for Insertion Order for Advertising
Services. |
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| "Refer
to www.yps.com.sg/terms.html for Terms & Conditions For Insertion
Order for Advertising Services" |
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