Exemption Clauses. The Limited Warranty does not apply to the following modules, including but not limited to:
Exemption Clauses. (1) Based on the consideration of the overall interests of the market and business needs, and in order to provide better data promotion services, due to laws and regulations, traffic network platform requirements, changes in data promotion rules and platform rules, Party A's adjustment, improvement of user experience, optimization of advertising quality, standardize the transaction of goods or services after advertising and promotion conversion, protect the legitimate rights and interests of users, changes in national policies and market environment, etc., the data promotion services, service content, service methods, product functions, layout, page design, etc. under the Agreement are all reasonable changes. If the data promotion services under the Agreement cannot be provided in whole or in part due to the above adjustments, changes or downlines, Party A shall not be liable for breach of contract.
Exemption Clauses. ‘Interpretation of an exemption clause is to be determined by construing the clause according to its natural and ordinary meaning, read in the light of the contract as a whole, thereby giving due weight to the context in which the clause appears, including the nature and object of the contract, and, where appropriate, construing the clause contra proferentem in the case of ambiguity.’230 may purport to exclude a party’s liability may limit the extent of liability to a particular maximum amount may make liability subject to certain pre-conditions Irrespective of the kind of exclusion, the court is to apply the same rules of interpretation.231 Exemption clause may involve determination of 2 issues: whether clause forms part of the contract; and whether, on the true construction of the clause, it covers the liability that has arisen. There are nevertheless certain established rules of law that must govern their interpretation; the Contra Preferentem Rule special rules that govern attempts to exempt negligence; and the ‘four corners’ rule Contra Preferentum Rule An exemption clause will be ordinarily construed strictly against the preferens – the party for whose benefit it is inserted.232 Attempts to Exempt Negligence An exemption clause will relieve a party of liability for his/her negligence, or that of his/her servants or agents, if it expressly or impliedly covers such liability. A clause will cover such liability if there can be no ground of liability other than negligence to which it could refer.233 an express exemption of liability for negligence must be given effect and is sufficient to exclude liability where there is no express reference to negligence, the court must decide whether the ordinary meaning of the words used in the clause are wide enough to exclude negligence. Rules regarding attempts to exempt negligence Any doubt in this regard is resolved: contra preferentum; and if the words use in the clause are wide enough to cover negligence, but there is some other ground of liability other than negligence, the clause will be read as applying only to that other ground of liability and will not operate to exclude the claim for negligence. Where the parties express an intention in unequivocal language that liability for negligence is to be exempted (rule 1) and where no such express intention is shown (rules 2 and 3), it would seem that for rule 1 to apply, the word ‘negligence’ or a close synonym must be used.234 Some authorities suggest that while...
Exemption Clauses. 1. Force majeure means any objective event that cannot be predicted, avoided and overcome, including without limitation to wars, natural disasters, typhoons, floods, fires, tsunamis, lightning strikes or earthquakes, work stoppages, strikes, riots, terrorist attacks, infectious diseases, government actions, etc. Where either party is unable to perform all or part of this Agreement due to the force majeure, it shall promptly notify the other party to minimize the possible losses arising therefrom, and shall take appropriate measures to prevent additional losses and provide evidences within the reasonable period.
Exemption Clauses. (1) Based on the overall market interests and business needs and in order to provide better Data Promotion Services, the adjustment, restriction, change or going offline of Data Promotion Services, service contents, service methods, product functions, layout and page design under the Agreement caused by any changes in requirements of Flow Network Platform, data promotion rules (including but not limited to audit rules, access rules, promotion rules, and deposit requirements for specific industries, etc.) and Platform Rules, Party A’s adjustment, improvement of user experience, optimization of advertising quality, changes in national policies and market environment are reasonable changes. Party A shall not be liable for breach of contract if the Data Promotion Services hereunder cannot be provided as agreed or cannot be continued due to the above adjustment, change or going offline.
Exemption Clauses. Party A shall bear no responsibility for following results or losses:
Exemption Clauses. In case emergency, natural calamity, restrictions under law, a power failure and any other happening occur, B may terminate, discontinue service or change the term. However permission by A will be needed before or after the incident.
Exemption Clauses. Delays: Should a force majeure or other unforeseeable event cause a delay in the performance of this contract, neither party to the contract will assume any late charges. Contract Termination: Should a force majeure or other unforeseeable event make this contract impossible, unnecessary, or meaningless, either party may delay or cancel this contract. The actual expenses that Party B has incurred before the contract is terminated should be assumed by Party A, and Party B should provide Party A with the corresponding evidence of expenses. If any party sustains a force majeure or unforeseeable event that makes it wholly or partially impossible to perform this contract or that cancels or delays the performance of this contract, it should notify the other party in writing of the circumstances of the event, and it should present the relevant evidence to the other party. As used in this contract, force majeure or unforeseeable events refer to objective incidents that are unforeseeable, insurmountable, and unavoidable, and that have a significant impact on one party. They include but are not limited to natural disasters such as floods, earthquakes, fires, and storms, as well as public incidents such as wars, riots, and government actions.
Exemption Clauses. 1. Due to force majeure, the contract cannot continue to be performed or cause any loss, the two Parties do not assume responsibility for each other
Exemption Clauses. 8.1 Feelingtouch cannot guarantee: Feelingtouch game software or Feelingtouch game services do not have error, will not interrupt, all defects have been corrected, Feelingtouch game software or Feelingtouch game services will not be damaged by virus or any other factors. Unless it is clearly regulated by law, Feelingtouch hereby expressly states that it does not bear any express or implied guarantee responsibility, including but not limited to guarantee of performance, applicability or non-infringement of Feelingtouch game software or Feelingtouch game
