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TERMS OF SERVICE BETWEEN INTERNET NEWS
BUREAU AND USER
1. THIS
AGREEMENT: By agreeing to the terms and conditions of this Agreement, you (the "User") become a User of Internet News Bureau ("INB"), an Jupitermedia property, and agree to be bound by this Agreement (the "Agreement"). This Agreement is subject to change by INB at any time, and such changes are effective upon posting of the change herein.
2. SERVICE
FEE: The User is solely responsible for paying the designated
fee for each Press Release (the "Release") submitted.
3. USER
REPRESENTATIONS AND WARRANTIES: The User is solely responsible
for the accuracy and authenticity of the content of each Release
submitted to INB for distribution. THE USER REPRESENTS AND WARRANTS
TO INB, AS FOLLOWS:
- a. That User is authorized to submit the
Release to INB for distribution;
b. That the content of the Release is factually and legally accurate;
c. That the publication of the material in the Release does not
violate any state, federal or common law copyright, trademark,
or service mark rights, any other property rights, privacy rights,
confidentiality rights or other proprietary rights of any third
party,
d. User will be solely responsible for the development, operation,
and preparation of the Release and for all materials that appear
therein;
e. That the Release does not contain any information which is
defamatory, libelous or otherwise illegal; and
f. User has independently evaluated the desirability of utilizing
INB's Release services and is not relying on any representation,
guarantee, or statement other than as set forth in this Agreement.
4. USER'S
INDEMNIFICATION OBLIGATIONS: In the event any third party
brings any claim, action, arbitration, or other proceeding against
INB (collectively, "legal proceeding"), arising from
the distribution or publication of any Release provided by User
to INB for distribution or publication, or from any breach of
this Agreement, including but not limited to the inaccuracy of
any warranty or representation made by User herein, User shall
indemnify, defend, and hold INB its parent, affiliates, and employees
harmless in connection with any and all costs, expenses, losses
and liabilities as a result of any proceeding including, but
not limited to, attorneys' fees, expert witness fees, costs,
and expenses.
5. RESERVATION OF THE RIGHT TO REJECT RELEASE: INB may
reject User's Release if INB determines, in its sole discretion,
that the Release is unsuitable for distribution. Unsuitable releases
may include, but are not limited to, those Releases that promote
sexually explicit materials, promote violence, promote discrimination
based on race, sex, religion, nationality, disability, sexual
orientation, or age, promote illegal activities, or otherwise
violate intellectual property or other rights. If INB rejects
User's Release, User is welcome to resubmit an alternative Release
at any time.
6. NO WARRANTIES OR REPRESENTATIONS BY INB: No warranty
is made by INB regarding any services or products provided by
or through INB. INB HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES,
INCLUDING WITHOUT LIMITATION:1) ANY WARRANTIES AS TO THE AVAILABILITY,
ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES; 2)
ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE; 3) ANY WARRANTIES AGAINST NON-INFRINGEMENT; 4) ANY OTHER
IMPLIED WARRANTIES ARISING FROM AN ALLEGED COURSE OF DEALING
OR OF PERFORMANCE.
7. LIMITATION OF INB'S LIABILITIES: Any liability of INB, its parent, 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 User to INB in connection
with the Release or Releases out of which the claim by User arises.
IN NO EVENT SHALL INB, ITS PARENT, 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 DATA).
8. NOTICES: Notices
by INB to Users may be given by means of posting on the website
http://www.internetnewsbureau.com
or by e-mail.
9. QUESTIONS:
All questions regarding INB subscriptions or the Release should
be sent by e-mail to: contact@internetnewsbureau.com
10. ENTIRE AGREEMENT: This Agreement contains the entire agreement between
the User and INB regarding the use of INB, and supersedes all
prior written and oral understandings and writings, and may only
be amended upon notice by INB to Users. Unless otherwise explicitly
stated, the provisions of this Agreement shall survive its terminations.
11. JURISDICTION, VENUE, AND CHOICE
OF LAW: The parties agree that
the exclusive location for purposes of Jurisdiction and Venue
is a court of appropriate jurisdiction in the State of Connecticut,
County of Fairfield. In any such action, the parties agree that
the law of the State of Connecticut, County of Fairfield shall
apply and shall govern the determination of the action.
12. ATTORNEYS' FEES: If INB brings an action to collect any sums due
pursuant to this Agreement, INB shall be entitled to recover
its reasonable attorneys' fees, expert witness fees, and costs.
If you agree with the above Terms of Service,
please close this browser window and continue submitting your order.
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