ReleaseWire Content Distribution Terms of Services
Revision: 3.0 Updated: May, 24, 2018
PLEASE REVIEW THIS DOCUMENT CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS
1) Description of the Service
RELEASEWIRE provides MEMBERS with access to online public relations tools, services and resources, including but not limited to, press release listings, press release distribution, online newsroom site hosting, public relations related social networking and messaging, company profile, group profile and MEMBER profile management. MEMBER also understands that the SERVICE may include certain communications from RELEASEWIRE such as product announcements, product feedback requests, and special pricing offers and that these communications are considered part of the SERVICE. Unless explicitly stated otherwise, any new features that augment or enhance the SERVICE shall be subject to this AGREEMENT. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). you must provide and are responsible for all equipment necessary to access the SERVICE.
2) Representations and Warranties
MEMBER agrees that they are solely responsible for the accuracy and authenticity of the content submitted to the SERVICE. MEMBERS represent and warrant to RELEASEWIRE that a) they are legally authorized to submit content to the SERVICE, b) the content submitted is factually and legally accurate, c) content submitted is not defamatory, libelous or otherwise illegal, d) content submitted is not confidential and may be distributed and e) content submitted does not violate state, federal or common law copyright, trademark and service marks or any other intellectual property rights of any party. NO WARRANTY IS MADE BY RELEASEWIRE REGARDING SERVICES PROVIDED BY RELEASEWIRE OR RELEASEWIRE'S AFFILIATES. RELEASEWIRE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES AS TO THE AVAILABILITY AND ACCURACY OF CONTENT AND ANY WARRANTIES AGAINST NON-INFRINGEMENT.
3) Grant of License
MEMBERS hereby grants RELEASEWIRE a non-exclusive, royalty-free, sub-licensable, transferable, and assignable license to store, display, reproduce, and distribute content submitted to the SERVICE. MEMBERS also grants RELEASEWIRE the right to use their name and logo for RELEASEWIRE's marketing efforts. MEMBERS may requests in writing that RELEASEWIRE does not use their name and logo in RELEASEWIRE's marketing efforts.
4) Right to Refuse
RELEASEWIRE reserves the right to refuse distribution of any content submitted by MEMBERS for any reason.
5) CONTENT POLICY
MEMBER agrees to adhere to all editorial guidelines posted by RELEASEWIRE on the WEBSITE as a condition for using the SERVICE. Editorial Guidelines may be updated at any time without notice.
6) Account Access
MEMBER agrees to provide full and accurate information, including MEMBER's full name, a valid email address and other information requested during the sign-up process and the subscription creation process. MEMBER agrees to keep their email address updated in the SERVICE at all times. If MEMBER's email address is found to be invalid, RELEASEWIRE will suspend MEMBER's account until such time as MEMBER provides a valid email address to RELEASEWIRE. MEMBER understands that their account may only be used by one person - a single account shared by multiple MEMBERS is not permitted. MEMBER is responsible for maintaining the security of their account's login user name and password. RELEASEWIRE cannot and will not be liable for any loss or damage from MEMBER'S failure to comply with this security obligation.
7) Unauthorized Users
You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
8) Age Requirements
The SERVICE is intended for adults and we will not knowingly collect personal information from children under 13 years of age. MEMBER must be at least thirteen (13) years of age. To purchase PAID SERVICES or subscribe to PAID SUBSCRIPTIONS, MEMBER must be at least eighteen (18) years of age.
9) API (Application Programming Interfaces) Services
RELEASEWIRE may, at its sole discretion, provide MEMBER or SUBSCRIBER with access to certain application programming interfaces ("API") that interact with RELEASEWIRE's proprietary data. RELEASEWIRE reserves the right to add additional terms that may govern individual API services. Access to API services may be suspended or terminated by RELEASEWIRE at any time for any reason, with or without cause. If your access to an API service is terminated, you shall not be entitled to a refund of any kind. In order to access any API service, you must apply for a secret access token. You agree to not share your secret access token with anyone. You are responsible for any and all API requests made with your secret access token, whether you authorized them or not. Data provided by our API services shall remain the property of RELEASEWIRE. If you publicly display data from an API service, you must comply with any link or attribution guidelines set forth on the API service web page or in the API service documentation which may be changed from time to time.
10) Pre-release Services
From time to time, RELEASEWIRE may add new features to the SERVICE described as "alpha" or "beta" ("PRE-RELEASE FEATURES"). MEMBER acknowledges that PRE-RELEASE FEATURES may be untested, non-functional, and/or partly functional features of the SERVICE. If MEMBER elects to use PRE-RELEASE FEATURES they agree to do so at their own risk. Notwithstanding anything else in this AGREEMENT to the contrary, RELEASEWIRE does not warrant that PRE-RELEASE FEATURES will be provided with due care. MEMBER may not rely on PRE-RELEASE FEATURES for any purpose whatsoever. PRE-RELEASE FEATURES may harm and/or interrupt the regular operations of your software and/or hardware. PRE-RELEASE FEATURES will be considered part of the SERVICE and all provisions of this AGREEMENT relating to the SERVICE will apply to PRE-RELEASE FEATURES.
11) Paid Services
RELEASEWIRE offers paid non-subscription services ("PAID SERVICES"), such as press release distribution, on a one-time basis. PAID SERVICES are offered on a pre-paid basis only. MEMBER agrees to pay all applicable fees associated with PAID SERVICES plus all related taxes prior to services being provided. All fees and charges for PAID SERVICES are nonrefundable.
12) Paid Subscription
Membership to the SERVICE is provided at no cost. As a MEMBER, you will have the ability to use some, but not all, of the features of the SERVICE. To gain access to additional features of the SERVICE ("PAID SUBSCRIPTIONS"), you must become a paying SUBSCRIBER. A description of the current subscription plans and their prices is available on the account upgrade page ("SUBSCRIPTION FEATURES").
SUBSCRIPTION FEATURES that are disclosed to you during the PAID SUBSCRIPTION ordering process are deemed part of this AGREEMENT. RELEASEWIRE may change the SUBSCRIPTION FEATURES from time to time without notice.
For the purpose of this agreement the term MEMBERS includes all SUBSCRIBERS regardless of renewal term or price level, unless where its usage indicates otherwise.
12.1) Paid Subscription Fees
SUBSCRIBER agrees to pay RELEASEWIRE the subscription fee ("SUBSCRIPTION FEE") specified on the account upgrade page at the beginning of the subscription Period ("SUBSCRIPTION PERIOD"). The SUBSCRIPTION PERIOD is each month unless otherwise agreed upon between MEMBER and RELEASEWIRE. SUBSCRIPTION FEE is payable in United States dollars (including, if any, all applicable taxes).
SUBSCRIBER will provide RELEASEWIRE with valid credit card information to be used for the SERVICE. RELEASEWIRE uses a valid SSL certificate that prohibits SUBSCRIBERS credit card information from being intercepted. SUBSCRIBER'S complete billing information is not stored on RELEASEWIRE's servers. SUBSCRIBERS complete billing information is stored securely on RELEASEWIRE'S payment gateway provider’s servers.
SUBSCRIBER understands that they are entitled to access to PAID SUBSCRIPTIONS services only during the SUBSCRIPTION PERIOD.
SUBSCRIBER agrees that RELEASEWIRE will automatically renew their PAID SUBSCRIPTIONS services at the end of the SUBSCRIPTION PERIOD until the SUBSCRIBER cancels PAID SUBSCRIPTIONS. SUBSCRIBER will not receive notice of automatic renewals.
All PAID SUBSCRIPTIONS plans use recurring billing. SUBSCRIBER will be automatically charged the SUBSCRIPTION FEE for the subsequent month unless SUBSCRIBER cancels PAID SUBSCRIPTIONS before the start of the new SUBSCRIPTION PERIOD. By entering into this AGREEMENT, SUBSCRIBER accepts responsibility for all recurring charges prior to cancellation. RELEASEWIRE MAY SUBMIT PERIODIC CHARGES RELATED TO SUBSCRIBER'S PAID SUBSCRIPTIONS WITHOUT FURTHER AUTHORIZATION FROM SUBSCRIBER, UNTIL SUBSCRIBER CANCELS THEIR PAID SUBSCRIPTIONS. SUBSCRIBERS NOTICE OF CANCELLATION WILL NOT AFFECT CHARGES SUBMITTED BEFOE RELEASEWIRE REASONABLY COULD ACT.
If SUBSCRIBER'S credit card is no longer valid or has expired, RELEASEWIRE will terminate the PAID SUBSCRIPTIONS before the start of the subsequent SUBSCRIPTION PERIOD.
If SUBSCRIBER'S is offered reduced pricing for PAID SUBSCRIPTIONS and the PAID SUBSCRIPTIONS is terminated for non-payment or any other reason, RELEASEWIRE may, in its sole discretion, allow SUBSCRIBER to reinstate their PAID SUBSCRIPTIONS at the same reduced pricing. RELEASEWIRE may, in its sole discretion, require SUBSCRIBER to pay an additional for to reactivate their PAID SUBSCRIPTIONS.
If SUBSCRIBER elects to cancel their PAID SUBSCRIPTIONS during the SUBSCRIPTION PERIOD, SUBSCRIBER will not receive a refund on the SUBSCRIPTION FEE previously paid to RELEASEWIRE.
12.2) Paid Subscription Price Changes
RELEASEWIRE reserves the right to adjust the price of PAID SUBSCRIPTIONS services at its sole discretion. If the pricing change is an increase from the current SUBSCRIPTION FEE, RELEASEWIRE will provide SUBSCRIBER with notice 30 days prior to the increase. The notice will be sent to the email address associated with the SUBSCRIBER'S account.
12.3) Paid Subscription Cancellation
SUBSCRIBER is solely responsible for properly canceling their PAID SUBSCRIPTIONS. SUBSCRIBER may cancel their PAID SUBSCRIPTIONS at any time by visiting the ReleaseWire account manager (a valid account login will be required). Email requests to cancel SUBSCRIBER'S PAID SUBSCRIPTIONS are not considered valid. MEMBER should not assume their PAID SUBSCRIPTIONS has been canceled by sending an email to RELEASEWIRE. MEMBER should confirm the cancellation of PAID SUBSCRIPTIONS by visiting the ReleaseWire account manager.
After successfully cancelling their account, SUBSCRIBER may still access their PAID SUBSCRIPTIONS until the end of the current SUBSCRIPTION PERIOD. SUBSCRIBERS will not be eligible for a prorated refund for any portion of the SUBSCRIPTION FEE paid for the then current SUBSCRIPTION PERIOD.
13) ReleaseWire Credits
RELEASEWIRE offers discounted pre-paid service credits, called ReleaseWire Credits ("RELEASEWIRE CREDITS"). MEMBER may purchase RELEASEWIRE CREDITS to be banked for future redemption for PAID SERVICES or PAID SUBSCRIPTIONS. RELEASEWIRE CREDITS are offered in packages of 5, 10, 25, 50 and 100 credits. PAID SERVICES or PAID SUBSCRIPTIONS may cost one or more RELEASEWIRE CREDITS. Some PAID SERVICES or PAID SUBSCRIPTIONS may not be purchasable with RELEASEWIRE CREDITS. RELEASEWIRE CREDITS are nonrefundable and cannot redeemable for cash. RELEASEWIRE CREDITS are void where prohibited or restricted by law.
13.1) ReleaseWire Credit Transfers
MEMBER may choose to transfer purchased RELEASEWIRE CREDITS to other MEMBERS. Transferred RELEASEWIRE CREDITS are nonrefundable.
MEMBERS will pay all accounts past due, that have not been disputed specifically in writing and in reasonable good faith, an interest charge of one and one-half percent (1.5%) per month computed from the due date of each payment, or the maximum rate permitted by law. MEMBER will be liable for attorneys' fees and collection costs arising from RELEASEWIRE's efforts to collect unpaid balances.
15) Member Disputes
MEMBER agrees to be solely responsible for any interactions with other MEMBERS. RELEASEWIRE reserves the right, but has no obligation, to monitor disputes between MEMBER and other MEMBERS.
16) Copyright Abuse
RELEASEWIRE will respond expeditiously to notices of claimed copyright infringement and, at RELEASEWIRE's sole discretion, may terminate MEMBER's accounts who are "repeat infringers". Pursuant to the Digital Millennium Copyright Act, we respond to notices of copyright infringement if they conform with the requirements of 17 USC 512(c) by including the following information:
a) The signature of a person authorized to act on behalf of the owner of the infringed copyright; b) Identification of the copyrighted work or works claimed to have been infringed; c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed; d) Information reasonably sufficient to permit RELEASEWIRE to contact the person authorized to act on behalf of the owner of the infringed copyright (example, the address, telephone number, or email address); e) A statement that the person authorized to act on behalf of the owner of the infringed copyright have a good faith belief that use of the material is not authorized by the copyright owner; and f) A statement signed under penalty of perjury, that information in the complaint is accurate and that the complaining party is authorized to act on behalf of the copyright owner.
Notices must be sent to RELEASEWIRE, 1126 S 70th Street, Ste 204, West Allis, WI 53214 or via email to email@example.com.
If in the event a claim, action or other legal proceeding is brought against RELEASEWIRE due to RELEASEWIRE's distribution of content submitted by MEMBER, or due to any breach of this AGREEMENT by MEMBER, including inaccuracy of any warranty or representation made by MEMBER, MEMBER shall indemnify, defend, and hold RELEASEWIRE, DRJ Ventures LLC, RELEASEWIRE's affiliates, and employees harmless in connection with any and all costs, expenses losses and liabilities as a result proceedings including but not limited to attorneys' fees, costs and expenses.
18) Limitation of Liabilities
Any liability of RELEASEWIRE, RELEASEWIRE's affiliates or employees, for the failure of any 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, tortious behavior, negligence, or under any other cause or action, shall be strictly limited to a return of any amount paid by or on behalf of the MEMBER to RELEASEWIRE. IN NO EVENT SHALL RELEASEWIRE, RELEASEWIRE's AFFILIATES OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF REVENUE, LOST PROFITS, OR LOSS OF DATA).
19) Electronic Form
By becoming a MEMBER, you consent to have this AGREEMENT provided to you in electronic form. In order to access and retain this electronic AGREEMENT, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must have all the equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this AGREEMENT, you may save it to into any word processing program. You have a right to a paper copy of this AGREEMENT. If you would like a paper copy, please email firstname.lastname@example.org. If you request a paper copy of the AGREEMENT, your account will be suspended until you return a signed copy of the paper agreement to RELEASEWIRE.
MEMBER agrees that except as otherwise expressly provided in this AGREEMENT, Entities other than RELEASEWIRE, that DRJ Ventures LLC owns a 50% or greater interest in are not parties, but intended third party beneficiaries of this AGREEMENT, with a right to enforce the AGREEMENT directly against MEMBER.
21) Assignment and Delegation
You may not assign or delegate any rights or obligations under the AGREEMENT. Any purported assignment and delegation shall be ineffective. RELEASEWIRE may freely assign or delegate all rights and obligations under the AGREEMENT, fully or partially without notice to you. RELEASEWIRE may also substitute, by way of unilateral novation, effective upon notice to you, DRJ Ventures, LLC for any third party that assumes our rights and obligations under this AGREEMENT.
The failure of RELEASEWIRE to exercise or enforce any right or provision of this AGREEMENT shall not constitute a waiver of such right or provision.
If any provision of this AGREEMENT is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this AGREEMENT will not be affected in any way.
25) Entire Agreement
This AGREEMENT contains the entire agreement between MEMBER and RELEASEWIRE regarding the use of the SERVICE, and supersedes all prior written and oral understandings and writings, and may only be amended upon notice by RELEASEWIRE to MEMBER. Unless otherwise explicitly stated, the provisions of this AGREEMENT shall survive its terminations.
26) Jurisdiction, Venue, and Choice of Law
This Terms of Service agreement will be governed by and construed in accordance with the applicable laws of the State of Wisconsin without reference to its conflict of laws provisions. Any dispute or claim arising out of or relating to the Agreement or claim of breach hereof shall be brought exclusively in the Courts of the State of Wisconsin, County of Milwaukee. MEMBER and RELEASEWIRE hereby consent to the exclusive jurisdiction of such courts, and waive any right to challenge jurisdiction or venue in such courts with regard to any suit, action, or proceeding under or in connection with this agreement.
The section and paragraph headings in this agreement are for convenience only and shall not affect their interpretation.