Terms & Conditions
Definitions
"MrPressRelease.com" and or "MrPressRelease" means MrPressRelease ™, a press release distribution tool used to publish press releases through or via the OfficialWire press release distirbution system. "Client" means the party utilizing MrPressReleases's distribution service. "Agreement" means this Terms of Service Agreement between the Client and MrPressRelease. "Content" and "Client Content" mean all information and materials submitted by Client to MrPressRelease. "Service" or "Services" means the services provided to Client by MrPressRelease including, but not limited to, press/news release distribution. "Partner" or "Partners" means a third party that has a joint venture or marketing relationship with MrPressRelease.
Client Representations & Warranties
Client is solely responsible for the accuracy and authenticity of the Content submitted by Client to MrPressRelease. Client represents and warrants to MrPressRelease that:
- Client has the right and is authorized to submit the Content to MrPressRelease for distribution;
- Client's Content is true and accurate;
- Client is not impersonating any person or entity or misrepresenting Client's affiliation with any person or entity;
- Distribution of the Content does not violate the state, federal or common law copyright, trademark, or service mark rights, any other property rights, privacy rights, intellectual property rights, confidentiality rights or other proprietary or contract rights of any third party;
- Client's Content does not contain any information which is libelous or otherwise illegal;
- Client will not misuse the Services or misappropriate the Content to compete directly or indirectly with MrPressRelease or to engage in derivative commercial activities without MrPressRelease's prior written consent; and
- Client has investigated the desirability of utilizing MrPressRelease's services and is not relying on any representation, guarantee, or statement other than as set forth in these Terms of Service or in the materials on MrPressRelease's website, "MrPressRelease.com".
Indemnification
In the event any third party brings any action, arbitration, or other legal proceeding (collectively, "legal proceeding") against MrPressRelease, its officers, directors, shareholders, agents, employees or other representatives of MrPressRelease, or against any third party who broadcasts, displays or distributes the Content with the permission of PressRelease, or against any third party who provides advertising for OfficialWire, or against any other third party who otherwise uses the Content with MrPressRelease's permission (collectively hereinafter referred to as "the Indemnities"), or against any Partner, arising from the distribution of any Content provided by Client to MrPressRelease or, from any breach by Client of this Agreement, or, based upon the inaccuracy of any warranty or representation made by Client herein, or, based upon the contention that the Content defames or slanders any third party or, based upon the contention that the Content violates any provision of state or federal law or the intellectual property rights of any third party, Client shall indemnify, defend, and hold the Indemnities harmless in connection with the claims made in the legal proceeding. Included in Client's obligation to indemnify, defend, and hold the Indemnities harmless is the obligation to pay all attorneys' fees, expert witness fees, costs, and expenses incurred or to be incurred by the Indemnities in connection with the defense of the legal proceeding (even if the legal proceeding is without merit).
License
Client hereby grants MrPressRelease and or OfficialWire a non-exclusive, royalty-free, sub-licensable, transferable, and assignable license to store, display, reproduce, distribute and, if appropriate, translate the Content submitted. Client also grants MrPressRelease and or OfficialWire the right to mention Client's name in OfficialWire's marketing collateral, unless Client requests in writing that MrPressRelease refrain from such mentions.
Policies
MrPressRelease maintains a set of policies governing the allowable usage of its Services. A copy of these policies are sent to new Clients and are available to all Clients on their Account Management page, which is the first page displayed after logging in to the MrPressRelease website. The Client agrees to adhere to these policies, as amended from time to time, as a necessary condition for using MrPressRelease's Services.
Prices
Prices for MrPressRelease's service may change from time to time. Currently, MrPressRelease charges just $9.99 (USD) per press release distributed through the MrPressRelease service. No discounts are offered. Client's whose monthly press release distribution exceeds six (6) press releases or whose annual spend will exceed $600.00 (USD) should register with OfficialWire directly.
Payment
Clients must purchase Services by credit card.
NO WARRANTIES BY MRPRESSRELEASE.COM
EXCEPT AS STATED IN THIS AGREEMENT, MRPRESSRELEASE OR PARTNER MAKES NO WARRANTY, EXPRESS OR IMPLIED, AND NO PROMISE OR REPRESENTATION HAS BEEN MADE BY MRPRESSRELEASE OR PARTNER REGARDING ANY SERVICES TO BE PROVIDED BY OR THROUGH MRPRESSRELEASE AND OR OFFICIALWIRE OR PARTNER. NO REFUNDS ARE OFFERED UNDER ANY CIRCUMSTANCES.
LIMITATION OF LIABILITY
MRPRESSRELEASE'S AND PARTNER'S LIABILITY SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE CLIENT TO MRPRESSRELEASE IN CONNECTION WITH THE SERVICES OUT OF WHICH THE CLAIM BY CLIENT ARISES.
MrPressRelease shall not be liable for indirect, incidental, consequential, special or exemplary damages (even if MrPressRelease has been advised of the possibility of such damages and including such damages as might be incurred by third parties), arising from performance under, or failure of performance under, any provision of this Agreement, such as, but not limited to, loss of revenue, change in share price, loss of anticipated profits or lost business.
This limitation of liability applies to any damages, including without limitation those caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous conduct, acts or omissions, negligence, or under any other claim or cause of action.
Notices
At MrPressRelease's sole discretion, notices by MrPressRelease to Clients regarding matters pertaining to this Agreement and/or the performance of this Agreement may be given by means of posting on the MrPressRelease website "MrPressRelease.com" or by email to the Client.
Entire Agreement
This Agreement constitutes the entire agreement between Client and MrPressRelease regarding the Services provided and/or to be provided by MrPressRelease. This Agreement replaces any and all prior written and oral understandings and writings. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.
Jurisdiction
Any lawsuit filed by either party to enforce or construe any right granted under this Agreement or to assert any claim arising from the Services provided by OfficialWire to Client shall be filed exclusively in Europe (United Kingdom). In connection with any such action, Client consents to jurisdiction in the courts of the European Community. In any such action, the parties agree that the laws of the European Community shall apply and shall govern the determination of the action.
Effect Of Delivery Of Notices By Facsimile Or Electronic Mail
The parties agree that the parties shall treat any document sent to the other by facsimile or by electronic mail as if the document were an original delivered to the recipient by hand delivery.