The following Terms & Conditions govern all use of the PressCenter.com website and all content, services and products available at or via the website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site (collectively, the “Agreement”). In addition, when using particular PressCenter services, you agree to follow all applicable written guidelines for all PressCenter services, which may change from time to time. PressCenter has the right, but is not obligated, to strictly enforce the Agreement through any or all means.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you are free to avoid using this Website any of its services. The Website is available only to individuals who are at least 16 years old.
1. Your PressCenter Account and Site
If you create or have an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and PressCenter may change or remove any description or keyword that is considered inappropriate or unlawful, or otherwise likely to infringe PressCenter liability. You must immediately notify PressCenter of any unauthorized uses of your account or any other breaches of security with respect to Your account. PressCenter will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. PressCenter services should not be used for unlawful purposes or promotion of dangerous or illegal activities. Your account may be terminated and you may be reported to appropriate authorities.
2. Responsibility of Contributors
If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material is further referred as “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio or a video file, computer software, or other. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- the Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- the Content is not named in a manner that misleads your readers into thinking that you are another person or company;
- You will hold PressCenter free of any charges with regards to copyright infringements should the content you provided be copyright protected by third party.
- You agree to defend, indemnify and hold harmless PressCenter and its officers, directors, agents, employees, subsidiaries and affiliates against all losses, claims, liabilities, damages, and expenses of any nature directly or indirectly arising out of content you submit or that are submitted from your account.
If you post User Content to the Site, you grant PressCenter and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media including without limitation the right to use your name, likeness, voice or identity. You grant PressCenter and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if we choose. You understand and agree that the use of your or other users name, likeness, voice or identity in connection with various features on the Site does not imply any endorsement of the Site or of PressCenter unless explicitly stated otherwise. You also agree that such Content is subject to use by third parties according to the terms of the Creative Commons License.
You may only submit Content to the Site or in connection with the Services that you have the right to submit. This means that you can only submit Content that you yourself create, that is in the public domain or that you have been expressly granted rights consistent with PressCenter’s Terms. Content that infringes the rights of any third party (e.g., Content used without express permission of the copyright owner and not otherwise permitted by law) must not be submitted.
You represent, warrant and agree that no Content of any kind submitted, posted or otherwise shared by you on or through any of the Websites or Services, violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contains libelous, defamatory or otherwise unlawful material. Further, you represent, warrant and agree not to submit any personally identifiable information, including any Content containing personally identifiable information, about any person who is under 13 years of age
Without limiting any of those representations or warranties, PressCenter has the right (though not the obligation) to, in PressCenter’s sole discretion (i) refuse or remove any content that, in PressCenter’s reasonable opinion, violates any PressCenter policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in PressCenter’s sole discretion.
Content submitted to PressCenter website may be distributed to 3rd parties for added exposure, however PressCenter is not under any obligation to do so.
3. Responsibility of Website Visitors
PressCenter has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, PressCenter does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. PressCenter disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
4. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which PressCenter website links, and that link to PressCenter. PressCenter does not have any control over those non-PressCenter websites and webpages, and is not responsible for their contents or their use. By linking to a non-PressCenter website or webpage, PressCenter does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. PressCenter disclaims any responsibility for any harm resulting from your use of non-PressCenter websites and webpages.
5. Copyright Infringement and DMCA Policy
As PressCenter asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that your work is being infringed on this site, please contact us at our E-Mail address or fill in the contact for on our website. Your notice should: (a) identify with specific detail the material on the Website that you claim is infringing; (b) state that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (c) state under penalty of perjury that (i) the above information in your notice is accurate, and (ii) you are the owner of the copyright interest involved or are authorized to act on behalf of that owner; (d) your physical address, telephone number and email address; and (e) your physical or electronic signature. PressCenter will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of PressCenter or others, PressCenter may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, PressCenter will have no obligation to provide a refund of any amounts previously paid to PressCenter, if any.
6. Intellectual Property
This Agreement does not transfer from PressCenter to you any PressCenter or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with PressCenter. PressCenter, the PressCenter website, the PressCenter logo, and all other trademarks, service marks, graphics and logos used in connection with PressCenter, or the Website are trademarks or registered trademarks of PressCenter or PressCenter’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any PressCenter or third-party trademarks.
7. Privacy and Information Disclosure
PressCenter reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. PressCenter may also, in the future, offer new services and/or features through the Website (including, the release of new tools, products and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
PressCenter may terminate your access to all or any part of the Website at any time and remove your content from the site, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your PressCenter account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing and any other agreement, if you have placed paid content on the Website, such content can be removed by PressCenter if we determine in our sole discretion that your content violates our Terms & Conditions or you materially breach this Agreement and fail to cure such breach within twenty-four (24) hours from PressCenter’s notice to you thereof, or after thirty (30) days of posting, whichever comes first; PressCenter may also terminate all or part of the Website immediately as part of routine or necessary maintenance or a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Disclaimer of Warranties
The website is provided on “as is” and “as available” basis. PressCenter and its suppliers and licensors and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, non-infringement, availability, timeliness, security or reliability. Neither PressCenter nor its suppliers and licensors make any warranty that the website will be error free or that access to the website and its related services will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the website at your own discretion and risk.
11. Limitation of Liability
In no event will PressCenter, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to presscenter under this agreement during one (1) month period prior to the alleged breach. PressCenter shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
12. General Representation and Warranty
You agree to defend, indemnify and hold harmless PressCenter, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site or your use of the Interactive Areas, including without limitation any actual or threatened suit, demand or claim made against PressCenter and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of PressCenter’s Terms or your violation of the rights of any third party.