Express Press Release Distribution
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EPR Network's Terms of Service
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 EPR Network (“EPR Network”) (the “Submitted PR Materials”). Because of the volume of information and copy submitted to EPR Network, EPR Network cannot be responsible for verifying facts contained in Submitted PR Materials.
B. EPR Network reserves the right (i) to reject or edit Submitted PR Materials; and (ii) to remove any press release from its network, pull any press release from distribution or deny approval to any press release. EPR Network can only remove Submitted PR Materials from its network, and EPR Network makes no representation or warranty regarding the removal of Submitted PR Materials from sites outside of the EPR Network.
C. EPR Network endeavors to disseminate Submitted PR Materials promptly and accurately. Any inadvertent errors by EPR Network will be corrected promptly upon discovery, without additional charge, and such obligation to correct shall constitute the sole liability of EPR Network in this regard.
D. All Submitted PR Materials transmitted by EPR Network must contain a user-supplied contact name, phone number and e-mail address that may be, if needs, verified by EPR Network.
E. EPR Network does not warrant specific placement of any news release nor pick up by third parties of any news release on its wire, 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 EPR Network systems without the express written consent of EPR Network.
2. Suspension, Termination
A. EPR Network 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, EPR Network 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) No refunds or credits back for press releases being worked on and later taken down due to legitimate complaint can be issued. Any repetitive abuser may also have his/her account frozen and any unused credits (pre-paid featured press release) left in the account may also be held to cover the expenses for taking those PRs down from all over the Web where EPR Network has submitted those PRs to;
2) EPR Network may also ban such repetitive abusers, their companies, group of individuals and the IP addresses and credit cards associated with those press releases and payments from further using EPR Network for putting up either free or paid press releases.
3) Further more EPR Network may also consider publishing all complaints, including all supporting materials and evidences, received against those press releases on our network, that way clearing up our name to the public.
A. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. All payment obligations are noncancelable and all amounts paid are nonrefundable. EPR Network utilizes both PayPal and 2Checkout for its payment providers and collects no billing or credit card information on its own. EPR Network reserves the right to modify its fees and charges and to introduce new charges at any time.
B. EPR Network has zero tolerance towards objectable and controversial PR materials published on its network. Any PR material found to be involved into a dispute, in one way or another, and is having one or more complaints received at EPR Network against it supported with enough evidences that clearly show it is harmful, even in a remote way, to the interest of 3rd parties is ground for taking the respective press release permanently down.
Featured (paid) press releases subject of those complaints and as a consequence taken down from EPR Network are not eligible to receive refunds or credit backs. There is no ground for crediting back for press releases our staff worked on incurring expenses for the company and later being taken down due to legitimate complaints. Those press releases have manually been crafted out, optimized, media have been carefully chosen and added to; contextual links have been embedded in; PDFs, DOCs and print versions have also been created and all press releases have been published across our entire network, our forum and blog(s) as well as on third party social media outlets. Service has been ordered and rendered accordingly and therefore no refund or credit back can be issued in such cases where the client's PRs are found to be involved into any form of disputes with 3rd party. Upon receiving of a legitimate complaint against those PRs we have to take them down from all places EPR Network has published them on, which has "out of pocket" expenses incurred for the company to do so.
C. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. If you believe your bill is incorrect, you must contact us within 60 days at the following email address: email@example.com or firstname.lastname@example.org. .
D. You agree to provide EPR Network with complete and accurate billing and contact information. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, EPR Network reserves the right to terminate your access to the Service in addition to any other legal remedies.
E. Unless otherwise agreed to by EPR Network, amounts will be billed in U.S. dollars.
4. Warranties; Limitation of Liability
A. You represent and warrant to EPR Network that (i) you have the right to deliver the Submitted PR Materials to EPR Network, (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. EPR NETWORK 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. EPR NETWORK 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. EPR Network’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 EPR NETWORK 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. EPR Network 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 EPR Network or its authorized agents and contractors; (ii) use of the Service by you in combination with other software or equipment not authorized by EPR Network 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 EPR Network (“Indemnitee”), its affiliated companies and its third party vendors, including distributors, 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 EPR Network’s sole opinion, to be brought, EPR Network 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 EPR Network promptly refunds to you the prorated portion of any pre-paid fees paid hereunder.
A. EPR Network facilities are governed by Federal and State regulations.
B. EPR Network, Express Press Release, Express Press Release Network, epr-network.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 EPR Network 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 EPR Network; or (ii) modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by EPR Network in connection with the Service. All rights not expressly granted to you herein are reserved by EPR Network, LLC.
C. You shall not hold yourself out as in any way as sponsored by, affiliated with, or endorsed by EPR Network or its subsidiaries or affiliates. You agree not to (i) defame or disparage EPR Network, 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 EPR Network concerning the Service electronically by email to the email address you provided in connection with your account, payment 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, payment or press release submission. You may change the email or postal address to which EPR Network sends communications by notifying EPR Network in writing, which could be done at the following email address: email@example.com or firstname.lastname@example.org.
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 EPR Network, EPR Network 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. EPR Network 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 EPR Network 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.
last revised June, 15 2008