Terms and conditions governing your use of the press release distribution and related service(s) (collectively, the “Service”):
A. You are responsible for the content and accuracy of all news copy and other information submitted by you to RealTimePressRelease.com (“RealTimePressRelease.com”) (the “Submitted PR Materials”). Because of the volume of information and copy submitted to RealTimePressRelease.com, RealTimePressRelease.com cannot be responsible for verifying facts contained in Submitted PR Materials.
B. RealTimePressRelease.com reserves the right (i) to reject or edit Submitted PR Materials; and (ii) to remove any press release from its site, pull any press release from distribution or deny approval to any press release. RealTimePressRelease.com can only remove Submitted PR Materials from its own site, and RealTimePressRelease.com makes no representation or warranty regarding the removal of Submitted PR Materials from sites outside of the RealTimePressRelease.com.
C. RealTimePressRelease.com endeavors to disseminate Submitted PR Materials promptly and accurately. Any inadvertent errors by RealTimePressRelease.com will be corrected promptly upon discovery and such obligation to correct shall constitute the sole liability of RealTimePressRelease.com in this regard.
D. All Submitted PR Materials transmitted by RealTimePressRelease.com must contain proper contact details, including but not limited to, a user-supplied contact name, phone number and e-mail address that may be, if needs, verified by RealTimePressRelease.com.
E. RealTimePressRelease.com does not warrant specific placement of any news release nor pick up by third parties of any news release on its wire service, but will deliver a news release via online distribution methods to make such content available to be repurposed by third parties who discover the content at various Internet locations, both intended and unintended.
F. You agree to use the Service for its intended purpose and not for any illicit purposes including, but not limited to, the reverse engineering of the site and/or its processes and the inclusion of such processes or services in a derivative service. You shall not query, spider or access any RealTimePressRelease.com systems without the express written consent of RealTimePressRelease.com.
2. Suspension, Termination
A. RealTimePressRelease.com may suspend or terminate your account at any time at its discretion. Notwithstanding the foregoing, if your account becomes delinquent or you breach any material term or condition herein, then, in addition to any of its other rights or remedies, RealTimePressRelease.com reserves the right to suspend your access to the Service, without liability to you.
Repetitive abusers may also face all or any of the following:
1) RealTimePressRelease.com may also ban such repetitive abusers, their companies, group of individuals and the IP addresses associated with those press releases from further using RealTimePressRelease.com.
2) Further more RealTimePressRelease.com may also consider publishing all complaints, including all supporting materials and evidences, received against those press releases on our network, that way making sure no public harm is made on our name.
3. Warranties; Limitation of Liability
A. You represent and warrant to RealTimePressRelease.com that (i) you have the right to deliver the Submitted PR Materials to RealTimePressRelease.com, (ii) you will comply with all applicable laws, rules and regulations, including but not limited to the Children’s Online Privacy Protection Act of 1998 and laws relating to “spam”, and (iii) Submitted PR Materials will not contain any content that is obscene, libelous, slanderous or otherwise defamatory, false or misleading or which violates any copyright, right of privacy or publicity or other right of any person.
B. RealTimePressRelease.com MAKES NO WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE, AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE), REGARDING THE SERVICE. RealTimePressRelease.com DOES NOT WARRANT OR REPRESENT THAT THE SERVICE WILL BE FREE FROM ERRORS, INCLUDING OMISSIONS, INTERRUPTIONS, DELAYS, LOSSES OR DEFECTS, WHETHER HUMAN OR MECHANICAL.
C. RealTimePressRelease.com’s entire liability for damages for any claims arising under or in connection with your use of the Service, regardless of the cause of action, whether in contract or in tort (including without limitation, breach of warranty and negligence claims) shall be limited to your actual direct damages, not to exceed the amounts actually paid by you for your use of the Service during the twelve months immediately preceding the month in which the cause of action arose. IN NO EVENT SHALL RealTimePressRelease.com HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS OR DEMANDS OF THIRD PARTIES OR ANY LOST PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOST SAVINGS OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
A. RealTimePressRelease.com will indemnify (“Indemnitor”) and hold you (“Indemnitee”) harmless against any claim or demand by a third party, including without limitation reasonable attorney’s fees, alleging that the Service infringes any intellectual property right under the laws of the United States of a third party. This indemnification does not cover third party claims arising from: (i) modifications to the Service by anyone other than RealTimePressRelease.com or its authorized agents and contractors; (ii) use of the Service by you in combination with other software or equipment not authorized by RealTimePressRelease.com where the Service, if not so used, would not be infringing; or (iii) your failure to use the Service in accordance with these terms and conditions.
B. You shall indemnify (“Indemnitor”) and hold harmless RealTimePressRelease.com (“Indemnitee”), its affiliated companies and its third party vendors from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney’s fees) arising out of or relating to any breach by you of any representations and/or warranties contained herein or otherwise arising out of or relating to the Submitted PR Materials.
C. Indemnification is conditioned upon the following: (i) the Indemnitee promptly notifying the Indemnitor of any claim; (ii) the Indemnitor having sole control of the defense and all related settlement negotiations; and (iii) the Indemnitee cooperating, at the Indemnitor’s expense, in the defense and furnishing the Indemnitor with all related evidence in its control.
D. If a claim regarding the Service and alleging infringement is brought or is likely, in RealTimePressRelease.com’s sole opinion, to be brought, RealTimePressRelease.com may, at its sole option and expense (i) obtain the right for you to continue using the Service; (ii) replace or modify the Service so that it becomes non-infringing; or (iii) upon notice to you, terminate your use of the Service or any portion thereof, provided that RealTimePressRelease.com promptly refunds to you the prorated portion of any pre-paid fees paid hereunder, if any.
A. RealTimePressRelease.com facilities are governed by Federal and State regulations.
B. RealTimePressRelease.com, Express Press Release, Express Press Release Network, EPR Network, realtimepressrelease.com, express-press-release.net are trademarks or registered trademarks of EPR Network, LLC. and no right or license is granted to use them. Certain content available through and used to operate the Service is protected by copyright, trademark, patent, or other proprietary rights of RealTimePressRelease.com and its affiliates, licensors, and/or service providers. You shall not (i) use any of the trademarks, service marks, logos or other content accessible through the Service other than as set forth herein or as approved by RealTimePressRelease.com; or (ii) modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by RealTimePressRelease.com in connection with the Service. All rights not expressly granted to you herein are reserved by RealTimePressRelease.com, and its parent company EPR Network, LLC.
C. You shall not hold yourself out as in any way as sponsored by, affiliated with, or endorsed by RealTimePressRelease.com or its subsidiaries or affiliates. You agree not to (i) defame or disparage RealTimePressRelease.com, its trademarks or service marks, or the Service; or (ii) adapt, translate, modify, decompile, disassemble, or reverse engineer the Service or any software or programs used in connection with the Service.
D. You consent to receive communications from RealTimePressRelease.com concerning the Service electronically by email to the email address you provided in connection with your account or press release submission. You also consent to receive communications by telephone or by postal mail sent to the postal address you provided in connection with your account or press release submission. You may change the email or postal address to which RealTimePressRelease.com sends communications by notifying RealTimePressRelease.com in writing, which could be done at the following email address: firstname.lastname@example.org or email@example.com.
E. By registering for the Service or submitting PR Materials, you agree to be bound by these terms and conditions. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions. Should you violate these terms and conditions or any other rights of RealTimePressRelease.com, RealTimePressRelease.com reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts.
F. You shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service. Your obligations shall be binding on your heirs, successors and assigns.
G. RealTimePressRelease.com reserves the right to modify these terms and conditions or its policies relating to the Service at any time, effective upon posting of an updated version on the Service. You are responsible for regularly reviewing these terms and conditions. Continued use of the Service after any such changes shall constitute your consent to such changes.
H. You acknowledge and agree that you and RealTimePressRelease.com are independent contractors, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party has authority to enter into agreements of any kind on behalf of the other, and neither party shall be considered the agent of the other.
I. This Agreement shall be governed by and construed under the laws of California exclusive of its conflict of laws provisions. Any suit hereunder will be brought in the federal or state courts located in the State of California, and you submit to the personal jurisdiction thereof. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
(effective as of Aug 2010)