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Terms & Conditions
Welcome. This agreement governs your use of the
PR Newswire global media database service, known as MEDIAtlas
(the "Service"). The term "you" refers to the person that subscribes to
or uses the service, including a company's designated users. As part of
the Service, PR Newswire will provide you with use of the Service,
including access and storage. Your registration for, or use of, the
Service shall be deemed to be your agreement to abide by this Agreement.
The subscription is on a concurrent user basis. The Service will only
be accessed by those persons for whom a subscription fee has been
paid.
Non-Transferable License. In consideration for
your subscription fee, PR Newswire grants to you a non-exclusive,
non-transferable license to use the Service solely for your own internal
business purposes in connection with media contact management and news
release distribution and a limited, non-exclusive, non-transferable,
personal license for your designated users to use the data stored on the
specific database(s) you have selected for use with the Service, subject
to the limitations contained herein. PR Newswire reserves the right to
change the subscription fee with thirty (30) days prior notice, and you
will be invoiced for any additional fees, provided that PR Newswire
shall not increase the subscription fee more than once annually. All
rights not expressly granted by PR Newswire to you are retained by PR
Newswire.
Links to Third Party Sites. PR Newswire may
include links to third party sites. PR Newswire does not endorse any
sites and is providing these links to you only as a matter of
convenience, and in no event shall PR Newswire monitor or be responsible
for any content, products, representations or other materials on or
available from such sites.
Account Information and Data. You, not PR
Newswire, shall have sole responsibility for the accuracy, quality,
integrity, legality, reliability, appropriateness and copyright of any
and all data, information or material that you may post to be used in
connection with the Service ("User Data"). PR Newswire shall not be
responsible or liable for errors in connection with User Data, including
without limitation, deletion, correction, destruction, damage, loss or
failure to store any User Data.
Limitations. You will comply with rules and
regulations that we may impose on the use of the Service from time to
time. You are solely responsible for the contents of the User Data and
your use of the Service is subject to all applicable local, state,
federal and international laws and regulations. The information
retrieved from the database(s) made available on the Service:
- will be used solely by designated users for your business use
and will not be transferred, sold or otherwise redistributed or
disseminated in any manner without the express prior written consent of
PR Newswire;
- will not be retained in computer memory or in a database(s)
except as permitted herein; and
- will not be stored, accessed, distributed or otherwise used by
You in any manner upon expiration or termination hereof. This obligation
shall survive the expiration or termination of this Agreement.
This obligation shall survive the expiration or termination of this
Agreement.
Password and Security. When you become a
subscriber, you will select a username and password. You are solely
responsible to maintain the confidentiality of your username and
password. You are also solely responsible for any and all activities
that occur under your account. You are to notify us immediately of any
unauthorized use of your account, or any other breach of integrity or
security of the Service of which You become aware.
Termination. The term of this Agreement shall be
for a period of one (1) year. The Agreement will be renewed
automatically for one (1) year periods thereafter except that, after the
initial period, either party may notify the other party of its intention
not to renew by giving at least thirty (30) days written notice of
termination prior to any subsequent anniversary of the date of this
Agreement. PR Newswire, in its sole discretion, may terminate your
password, account or use of the Service and remove and discard any User
Data within the Service if you fail to comply with this Agreement.
Upon termination of an account, your right to use such account and the
Service immediately ceases. Upon termination or expiration, PR Newswire
shall have no obligation to maintain any User Data stored in your
account or to forward any User Data to you or any third party. Upon
expiration of this Agreement, you will erase all information retrieved
from the database(s) made available on the Service from all of your
computer systems, storage media and databases, and will retain no
further copies thereof. Your obligation to pay accrued subscription
fees and to erase stored information in accordance with the foregoing
shall survive the termination of this Agreement.
Proprietary Rights. You have no right, title or
interest in or to the Service except as expressly provided under this
Agreement. You acknowledge that the information contained in the
Service is valuable proprietary information. Except for the User Data,
all rights in and to the Service and the information contained therein,
including all copyrights, belong to PR Newswire.
Subscriber Support; Services. From time to time
we will advise you of our support policies. PR Newswire reserves the
right to change or discontinue our support policies or the Service at
any time. PR Newswire will not be liable to any subscriber or any third
party should PR Newswire exercise its right to change or discontinue the
Service or its support policies, except for a pro rata refund of the
subscription fee in the event PR Newswire terminates the Service without
cause. PR Newswire will, however, use reasonable efforts to advise of
any changes as soon as practicable.
No Warranty, Limitation and Disclaimer of Damages and
Limitation of Remedies.
THE SERVICES AND ANYTHING, WHETHER TANGIBLE OR OTHERWISE, ARISING
FROM OR RELATING TO THE SERVICES OR OTHERWISE PROVIDED OR FACILITATED BY
US (COLLECTIVELY, THE "MATERIALS"), ARE PROVIDED "AS IS" AND "AS
AVAILABLE" AND WITHOUT REPRESENTATIONS, WARRANTIES, CONDITIONS OR TERMS
OF ANY KIND, EITHER STATUTORY, EXPRESS OR IMPLIED BY COMMON LAW OR
OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED CONDITIONS,
WARRANTIES OR OTHER TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR
PURPOSE, TITLE AND NON-INFRINGEMENT.
NOTHING ON THIS AGREEMENT EXCLUDES OR LIMITS PR NEWSWIRE'S LIABILITY
FOR (i) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; (ii) THE TORT
OF DECEIT; (iii) ANY BREACH OF THE OBLIGATIONS IMPLIED BY S.12 OF THE
SALE OF GOODS ACT 1979 OR S. 2 OF THE SUPPLY OF GOODS AND SERVICES ACT
1982; OR (iv) ANY LIABILITY WHICH CANNOT BE EXCLUDED BY LAW.
YOUR SOLE REMEDY FOR ANY DISSATISFACTION WITH THE MATERIALS OR ANY OF
THEM IS TO STOP USING THE MATERIALS, INCLUDING THE SERVICES. TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL
WE OR OUR RELATED PARTIES, REPRESENTATIVES OR VENDORS BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY,
PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS
REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF THE USE OF
MONEY, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS, LOSS OF
OPPORTUNITY, LOSS OF GOODWILL, LOSS OF REPUTATION, LOSS OF USE, LOSS OF,
DAMAGE TO OR CORRUPTION OF DATA, OR ANY INDIRECT OR CONSEQUENTIAL LOSS
OR DAMAGE HOWSOEVER ARISING (INCLUDING, FOR THE AVOIDANCE OF DOUBT,
WHERE SUCH LOSS OR DAMAGE IS OF THE TYPE SPECIFIED ABOVE) ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THESE TERMS OR THE SERVICES PROVIDED
HEREUNDER WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, AND WHETHER SUCH LOSSES OR DAMAGE WERE FORESEEN,
FORESEEABLE, KNOWN OR OTHERWISE.
PR NEWSWIRE WILL NOT BE LIABLE FOR ANY DELAY IN ACCESSING AND/OR
INABILITY TO ACCESS THE SERVICE WHETHER DUE TO AN ACT OF GOD, ACTION BY
GOVERNMENTAL ENTITY, STRIKE, DIFFICULTY, ELECTRONIC MALFUNCTION, ETC.,
OR ANY RELIABILITY OR EFFECTIVENESS RELATED TO THE SERVICE. IN NO EVENT
WILL PR NEWSWIRE BE LIABLE FOR ANY FAILURE, DISRUPTION, DOWNTIME,
INTERRUPTION, DELAY, INACCURACY, OR ANY OTHER NONPERFORMANCE RELATED TO
THE SERVICE. PR NEWSWIRE MAKES NO WARRANTY OR REPRESENTATION THAT THE
OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF CERTAIN WARRANTIES AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN
SUCH EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
1. ALL WARRANTIES REQUIRED BY LAW EXTEND FOR ONLY SUCH PERIOD AS
REQUIRED BY LAW OR 30 DAYS FROM YOUR INITIAL ACCEPTANCE OF THESE TERMS;
AND,
2. IN NO EVENT SHALL WE OR OUR RELATED PARTIES, REPRESENTATIVES OR
VENDORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF WHATEVER KIND
OR NATURE IN EXCESS OF THE FEES PAID BY YOU TO US HEREUNDER.
Indemnity By You. You shall indemnify and hold
us, our parent, subsidiary, and/or affiliated companies (collectively,
"we" or "our" for purposes of this provision), our directors, officers
and employees, and our Related Parties harmless from any claim,
liabilities, proceedings, loss, cost, expense, demand, or damage,
including reasonable attorneys' fees, caused by or in any way connected
directly or indirectly out of the
- use of or connection to, or the inability to use or connect to
the Services;
- account information, User Data or other information transmitted
or stored through or on the Services; or
- acts or omissions in connection with either (a) or (b) above.
Miscellaneous. You are responsible to pay any
sales, value added or use tax imposed at any time in connection with
this Agreement. Notices hereunder shall be sufficient if sent by
electronic mail to the address specified by you in the Registration
Information and the address specified by us on our website. This
Agreement will be governed by the laws of England and Wales and the
parties hereby agree to submit irrevocably to the exclusive jurisdiction
of the English courts. Any distribution services in connection with the
Service shall at all times be subject to PR Newswire's standard Terms
and Conditions.
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