Table Of Contents
- Member Representations & Warranties
- Prohibited Media
- Hours Of Operation
- NO WARRANTIES
- Distirbution Network
- LIMITATION OF LIABILITY
- Entire Agreement
- Effect Of Delivery Of Notices By Electronic Mail
- Revision Date
Terms Of ServiceWireNews Limited
WireNews ™ and Stop Broadcasting. Communicate. ™ are trademarks of WireNews Limited (Unit 5013, PO Box 7169, Poole BH15 9EL); ultimately owned by the Investcubator Holdings Trust (hereinafter "IHT"). By using this website or any of its services you agree that you are doing business solely with WireNews Limited (hereinafter referred to as "WireNews").
- "Member" means the party that purchases the services of WireNews's press release distribution tool.
- "Agreement" means this Terms Of Service Agreement between the Member and WireNews.
- "Content" and "Member Content" mean all information and materials submitted by Member to WireNews.
- "Service" or "Services" means the services provided to Member by WireNews including, but not limited to, press release distribution, PR notifications and SEO Services.
- "Partner" or "Partners" means any third party that has a joint venture or marketing relationship with WireNews. [Top]
Member Representations & Warranties
Member is solely responsible for the accuracy and authenticity of the Content submitted by Member to WireNews. Member represents and warrants to WireNews, as follows:
- That Member has the right and is authorised to submit the Content to WireNews for distribution, broadcasting and/or filing, in English (only);
- That the Content is true and accurate;
- That the Member is not impersonating any person or entity or misrepresenting Member's affiliation with any person or entity;
- That the distribution, broadcasting and/or filing of the Content does not violate U.S., European, Regional, 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 contractural rights of any third party;
- That the Content does not contain any information which is libelous or otherwise illegal;
- That Member will not misuse the Service or misappropriate the Content to compete directly or indirectly with WireNews or to engage in derivative commercial activities without WireNews's prior written consent (including, but not limited to the placement of Google or other online advertisements within the HTML code of articles or press releases—hidden or otherwise—which for the avoidance of doubt is not permitted under any circumstances); and
- That Member has investigated the desirability of utilising WireNews's services and is not relying on any representation, guarantee, or statement other than as set forth in these Terms Of Service. [Top]
WireNews reserves the right to decline to accept for publication and/or to remove from publication any media that, at its sole discretion, it determines to be objectionable and/or in violation with the spirit of the service, including but not limited to:
- Pornographic media;
- Weapons and or ammunition;
- Escort services;
- Any illegal product or service;
- Any media deemed as "adult content"
In the event any third party brings any action, arbitration, or other legal proceeding (collectively, "legal proceeding") against WireNews, its partners, officers, directors, shareholders, agents, employees or other representatives of WireNews, or against any third party who broadcasts, displays or distributes the Content with the permission of WireNews, or against any third party who provides advertising for WireNews, or against any other third party who otherwise uses the Content with WireNews's permission (collectively hereinafter referred to as "the Indemnities"), or against any Partner, arising from the distribution, broadcast, filing or display of any Content provided by Member to WireNews or, from any breach by Member of this Agreement, or, based upon the inaccuracy of any warranty or representation made by Member 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 European, regional, state or federal law or the intellectual property rights of any third party, Member shall indemnify, defend, and hold the Indemnities harmless in connection with the claims made in the legal proceeding. Included in Member's obligation to indemnify, defend, and hold the Indemnities harmless is the obligation to pay all solicitor's or 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). [Top]
Member hereby grants WireNews a non-exclusive, royalty-free, sub-licensable, transferable, and assignable license to store, display, reproduce, distribute and, if appropriate, translate the Content submitted. Member also grants WireNews the right to mention Member's name in WireNews's marketing collateral, unless Member requests in writing that WireNews refrain from such mentions. [Top]
WireNews maintains a set of policies governing the allowable usage of its Services. A copy of these policies will be sent to new Members upon request and are available to all Members on their Member Login page, which is the first page displayed after logging in to the WireNews website. They include the following:
- WireNews does not offer refunds under any circumstances; Press Card requests are non-cancellable and once payment has been made WireNews does not offer any refunds under any circumstances;
- Journalist or Business Members may cancel their membership at anytime and they will be entitled to use the balance of their membership as they wish until the expiration of the existing billing period;
- If a Business Member cancels their membership any media that has been published through their membership account will remain online and live unless and until the Member logs into their account and deletes any articles they wish to have removed from WireNews
The Price for WireNews's Services may change from time to time. Click here for the current price of the service you need in your desired currency. You may also pay by bank transfer for the annual membership. [Top]
Members must pay for Services by credit/debit card via our secure online payment system. WireNews does not issue traditional invoices. Member's invoice and proof of payment will be sent by our payment provider by email. [Top]
Hours Of Operation
WireNews is open Monday-Saturday, 9am-8pm GMT, Closed Sunday. Media posted or edited outside these hours will be processed upon opening the next business day. Note: All edited media must be re-approved after each edit so it is advisible to keep edits to a minimum to ensure that your media remains live. [Top]
EXCEPT AS STATED IN THIS AGREEMENT, WIRENEWS OR PARTNER MAKES NO WARRANTY, EXPRESS OR IMPLIED, AND NO PROMISE OR REPRESENTATION HAS BEEN MADE BY WireNews OR MEMBER REGARDING ANY SERVICES TO BE PROVIDED BY OR THROUGH WIRENEWS OR ANY PARTNER WEBSITE. [Top]
All press releases published by WireNews are simultaneously distributed to its member Journalists, subject to their individual subscription criterion.
Many thousands of ISP, News Providers, Blogging websites, Social Network websites and numerous other Social Media Outlets crawl, index, compile and otherwise re-publish WireNews's content. WireNews offers no guarantee of distribution of Member's content, except that Member's content will be published on WireNews's website and it will be distributed to WireNews's subscribing journalists and that it will be made available for distribution to any legitimate media network that wishes to re-publish such content subject to their guidelines. [Top]
LIMITATION OF LIABILITY
WIRENEWS' AND ANY PARTNER'S LIABILITY SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE PARTNER TO WireNews IN CONNECTION WITH THE SERVICES OUT OF WHICH THE CLAIM BY MEMBER ARISES.
WireNews shall not be liable for indirect, incidental, consequential, special or exemplary damages (even if WireNews 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 unauthorised 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. [Top]
At WireNews's sole discretion, notices by WireNews to Members regarding matters pertaining to this Agreement and/or the performance of this Agreement may be given by means of posting on the WireNews website or by email directly to the Member. [Top]
This Agreement, together with the Policies referenced in (Policies) and the Sales Contract (if any) referenced in (Price) constitute the entire agreement between Member and WireNews regarding the Services provided and/or to be provided by WireNews. 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. [Top]
Unless otherwise specified, WireNews Limited operated from the United Kingdom, but is owned from the United States of America. These Terms of Service are governed by the laws of England & Wales, without regard to its choice of law provisions. You hereby consent to the exclusive and personal jurisdiction and venue of the courts in the City and county of London (Greater London), which shall have exclusive jurisdiction over any and all disputes arising out of or relating to these Terms of Service, the use of WireNews or any product or service related thereto. Use of WireNews is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. [Top]
Effect Of Delivery Of Notices By Electronic Mail
The parties agree that the parties shall treat any document sent to the other by electronic mail as if the document were an original delivered to the recipient by hand delivery. [Top]
Revised: 1 August 2013 [Top]