TERMS AND CONDITIONS OF USE WITH PR NEWSWIRE PARTNERS
PR Newswire partners who accept and process news releases through an online Web based site will be required to include a "terms and conditions" clause, set forth below, within the online application. PR Newswire partners who accept and process news releases offline will be required to include a “terms and conditions” clause within the offline application.
All companies submitting a news release through the Company Site must accept an online or offline "terms and conditions" clause. This clause, set forth below, must be included within the online or offline application process with a click through or signature acceptance process.
TERMS AND CONDITIONS CLAUSE:
- You are solely responsible for the content and accuracy of all information, data and content of any kind posted, delivered, uploaded or submitted by You or on Your behalf to KOENIG DESIGN, INC. D/B/A XPRESS PRESS AND XPRESS PRESS NEWS SERVICE for distribution by PR Newswire, whether in the form of copy, text, images, video, audio files or other form, and regardless of the format, including all logos, proprietary marks, distribution lists, links and URLs (collectively, the “Content”). Content, as processed by PR Newswire for distribution, is referred to herein as “Releases.” Because of the volume of information and copy submitted to PR Newswire via KOENIG DESIGN, INC. D/B/A XPRESS PRESS AND XPRESS PRESS NEWS SERVICE, PR Newswire and KOENIG DESIGN, INC. D/B/A XPRESS PRESS AND XPRESS PRESS NEWS SERVICE cannot be responsible for verifying any facts contained therein. You represent, warrant and covenant to PR Newswire and KOENIG DESIGN, INC. D/B/A XPRESS PRESS AND XPRESS PRESS NEWS SERVICE that: (i) You have the right, power and authority to submit the Content to PR Newswire for distribution and to issue Releases; (ii) You will comply with all federal, state, local and international laws, rules and regulations applicable to Your use of PR Newswire’s services; (iii) You have obtained all of the authorizations and consents required in connection with distribution lists provided by You; (iv) no Content submitted by You will contain any material that (a) is obscene or pornographic, (b) is libelous, slanderous, defamatory or otherwise false or misleading, (c) violates any copyright, patent, trademark, trade secret or other proprietary right, right of privacy or publicity, or any other right of any individual or entity; (v) You shall take commercially reasonable precautions to ensure that the Content will not contain any (a) computer virus, Trojan horse, trap door, back door, Easter egg, worm, time bomb, packet bomb, cancelbot, scripts or macros, (b) programs or links to macros, scripts or programs, or (c) other code that alters, destroys or inhibits the operation of, or infiltrates, computer systems or data run through such computer systems; and (vi) there exists no legal reason that PR Newswire should deny its services to You. You further represent, warrant and covenant that if any part of Your business includes online gambling, gaming or lotteries (collectively, “Online Gambling Business”): (A) You shall conduct your Online Gaming Business in compliance with all applicable laws, rules and regulations in all applicable jurisdictions (including, without limitation, the Unlawful Internet Gambling Enforcement Act 31 U.S.C. 5361 et seq.); and (B) You shall take all necessary measures (including, without limitation, any and all technological measures, such as “geo-filtering”) to ensure that persons residing in jurisdictions whose laws prohibit the participation in any online gambling, gaming or lotteries are unable to access any of Your websites (including any pages or microsites) that offer Online Gambling Business. You shall indemnify and hold harmless PR Newswire and its agents, affiliates, assigns, employees, directors, officers, representatives, contractors and third party suppliers, licensors and distributors, including KOENIG DESIGN, INC. D/B/A XPRESS PRESS AND XPRESS PRESS NEWS SERVICE, from and against any and all loss, damage, liability, cost and expense (including reasonable attorney’s fees and costs) incurred in connection with a third party claim or action arising out of or relating to (x) acts or omissions that, if proven, would constitute a breach by You of the foregoing representations, warranties and covenants, or (y) Your use of PR Newswire’s services, including any work product or data provided in connection with such services.
- PR Newswire is not warranting that its services, including any work product or data provided in connection with the services, will be delivered error-free or without defect (including errors of omission, or interruptions, delays or other timing errors), whether human or mechanical. PR Newswire’s services, including any work product or data provided in connection with the services, are provided “as is” and PR Newswire disclaims all warranties, whether express or implied, including but not limited to any implied warranties of merchantability, non-infringement, fitness for a particular purpose or suitability for print or broadcast. The total cumulative liability of PR Newswire and its affiliates and agents to You for all claims or actions of any kind, including claims or actions based in tort, strict liability, breach of contract or breach of warranty, shall be limited to the amount of the fees paid by You allocable to the PR Newswire service giving rise to the claim(s) or action(s). In no event will PR Newswire or its affiliates or agents be liable to or through You for any indirect, consequential, special, exemplary, punitive or incidental loss, damage or expense, including loss of profits or loss of use, even if PR Newswire or its affiliates or agents had been advised or should have known of the possibility of such loss, damage or expense, arising out of or in connection with PR Newswire’s services, including any work product or data provided in connection with the services, any act or omission of PR Newswire relating thereto, or Your use of or inability to use PR Newswire’s services, including any work product or data provided in connection with the services, or arising from any other cause whatsoever. PR Newswire shall not be liable to or through You for any delay or inability to perform due to circumstances beyond its reasonable control, including, without limitation, acts of God, governmental acts (including the request or actions of any federal or state regulatory agency, any national securities exchange, or by any professional regulatory organizations such as the Financial Industry Regulatory Authority), war, fire, acts of terrorism, civil commotion, flood, explosion, severe weather, acts or omissions of third parties, strikes or labor disputes, failure or unavailability of communications infrastructure (including, but not limited to, networks, carriers and internet and satellite providers), and system malfunctions.
- These Terms and Conditions shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Exclusive jurisdiction and venue shall lie in the State of New York, County of New York, including the U.S. federal courts therein. Nothing set forth in these Terms and Conditions shall be construed to grant You any right to resell or redistribute access to PR Newswire’s services, or any work product or data provided in connection with the services. The rights and remedies set forth in these Terms and Conditions are cumulative and are in addition to and may modify, but are not in substitution for those provided in law and equity. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof, and the invalid or unenforceable provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties to the maximum extent enforceable under applicable law.
Copyright Xpress Press News Service 2015. All Rights Reserved. Clients and members of Xpress Press are solely responsible for the accuracy and facts contained in all information submitted by them for transmission by Xpress Press and via our partner PR Newswire (see PR Newswire Terms of Service at www.prnewswire.com). All materials published on this Web Site are provided "as is" without warranty or conditions of any kind, either expressed or implied. Xpress Press shall not be liable to any person or entity under any circumstances for any special, incidental, indirect or consequential damages, including, without limitation, damages resulting from use of or reliance on the information presented, loss of profits or revenues or costs of replacement goods, even if informed in advance of the possibility of such damages. Some jurisdictions do not allow the exclusion of implied warranties so the above exclusions may not apply to you. Xpress Press shall use its reasonable efforts to correct any errors of fact, timing or omission brought to its attention. All uses of the Xpress Press news received either through electronic distribution, database, archive, in part or abstract is prohibited without the express written consent of Xpress Press and or SOURCE (as listed in source line on press release content e.g. the individual or organization responsible for providing the content). Xpress Press reserves the right to reject copy when necessary in its judgment. Inquiries concerning the use of Xpress Press text, photos, video or other multimedia content may be directed to Xpress Press News Service, 4741 Sarazen Drive, Hollywood, Florida, 33021, USA, or by calling +1 954-989-3338. www.xpresspress.com