As of October 1st, 2011.
Your use of PressKing's services and websites (referred to collectively as the "Services") is subject to these Terms of Service and to PressKing's Privacy Policy (referred to collectively as the "Terms").
1. Accepting the Terms
A. By using this website or by registering for the Services, you agree to be bound by these Terms. 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.
B. Should you violate these Terms or any other rights of PressKing, PressKing reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts.
C. PressKing reserves the right to modify these Terms at any time, effective upon posting of an updated version on this website. You are responsible for regularly reviewing these Terms. Continued use of the Services after any such changes shall constitute your consent to such changes.
D. PressKing may provide translation of the English language version of the Terms for your convenience only. If there is any contradiction between the English language version and any of its translations, then the English language version shall take precedence.
2. Using the Services
A. You are responsible for the content and accuracy of all news copy, documents and other information submitted by you to PressKing (the "Submitted Materials"). Because of the volume of information and copy submitted to PressKing, PressKing cannot be responsible for verifying facts contained in Submitted Materials.
B. You warrant and represent that the content of all materials submitted to PressKing will be accurate and original; that you own or are an authorised licensee in the material provided to PressKing for distribution; that the material will not violate or infringe upon on copyright, trademark or other intellectual property, proprietary, personal, privacy or other rights worldwide of other persons; that the material does not contain anything defamatory or any viruses, scripts, macros or programs, or links to scripts, macros or programs; and that the material complies with all applicable laws and regulations.
C. All Submitted Materials must follow PressKing's editorial guidelines which are subject to change at any time at PressKing's sole discretion. PressKing reserves the right (i) to reject or edit Submitted Materials, provided that substantive edits to the Submitted Materials will not be done without your consent; and (ii) to remove any press release from its web site, pull any press release from distribution or deny approval to any press release.
D. PressKing can only remove Submitted Materials from its network, and PressKing makes no representation or warranty regarding the removal of Submitted Materials from sites outside of the PressKing network.
E. PressKing endeavours to disseminate Submitted Materials promptly and accurately. Any inadvertent errors will be corrected promptly upon discovery, without additional charge.
F. All Submitted Materials transmitted by PressKing must contain a user-supplied contact name and e-mail address that may be verified by PressKing.
G. PressKing 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.
H. By submitting material to PressKing for distribution, you grant PressKing the rights to distribute, display, reproduce, reformat, translate, archive, license, edit, modify and create derivative works and/or excerpts of any such material as part of PressKing's products and services (and the promotion of same).
3. Disclaimer of liability for third party content and Links
A. You agree that PressKing is not responsible and will not be held liable for any third party content on the Services or any third-party content, products or services available on other websites accessed through links from the Services. Their inclusion in the Services does not imply any endorsement, guarantee, warranty or representation by PressKing.
4. Ending your relationship with PressKing
A. You may close your PressKing account at any time by clicking on the appropriate link in your account settings.
5. Billing
A. Some of PressKing’s modules require the purchase of PressKing Credits. New credits can be bought at any time from your user interface. These Credits are automatically added to your account upon effective reception of your payment.
B. 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, plus all related taxes. All payment obligations are non-cancelable and all amounts paid are non-refundable. There are no refunds for unused credits.
C. PressKing reserves the right to modify its fees and charges and to introduce new charges upon 30 days prior written notice.
D. You agree to provide PressKing 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, PressKing reserves the right to terminate your access to the Services in addition to any other legal remedies.
6. Warranties; Limitation of Liability
A. You expressly understand and agree that your use of the services is at your sole risk and that the Services are provided "as is" and "as available". In particular, PressKing doesn’t represent or warrant to you that:
(i) your use of the Services will meet your requirements,
(ii) your use of the Services will be uninterrupted, timely, secure or free from error,
(iii) any information obtained by you as a result of your use of the Services will be accurate or reliable, and
(iv) that defects in the operation or functionality of the Services will be corrected.
B. In no event shall PressKing 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.
7. Indemnity
A. You will indemnify and hold harmless PressKing and its parent companies, affiliates and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorised by PressKing to transmit and distribute materials, from any and all liabilities, damages, judgments, claims, costs, losses and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims alleging conduct that would amount to a breach of any of your representations and warranties in these Terms.
8. Proprietary rights
A. PressKing owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services. Nothing in the Terms gives you a right to use any of PressKing’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
B. You agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
9. Referral Program
A. The PressKing Referral Program enables PressKing users to promote PressKing to their friends, family, clients, associates, etc. and earn free Credits when newly recruited members publish their 1st press releases.
B. Referring members receive 100 free Credits every time one of their Affiliates publishes his/her 1st press release, provided said publication occurs within 30 days following the Affiliate's registration on the service. Referring members can have an unlimited number of Affiliates.
C. Affiliates benefit from a 30% discount on their 1st purchase of Credits, provided said purchase occurs within 30 days following their registration on PressKing.
D. Affiliation bonuses & discounts are calculated only from valid subscriptions and effective payments. Affiliate subscriptions are only taken into account when registered through PressKing’s official affiliation links.
E. Referring members shall use the Referral Program in a manner that demonstrates common sense and respect for applicable laws and regulations, and for the rights of PressKing and third parties. In particular, (i) referring members are asked not to engage in any form of unsolicited commercial emailing (commonly referred to as "spamming"), and (ii) referring members shall not use affiliate tools other than to advertise for PressKing.
10. Miscellaneous
A. PressKing reserves the right to change product/service specifications without notice.
B. PressKing may work with third party companies to provide the Services. You acknowledge and agree that these companies will be entitled to provide the Services to you.
C. You consent to receive communications from PressKing concerning the Services electronically by e-mail to the email address you provided in connection with your account. You may change the e-mail address to which PressKing sends communications by modifying it in your account settings.
D. You are responsible for all activity occurring under your account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services.
E. You agree to use the Services 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 PressKing systems with the express written consent of PressKing.
F. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
G. This Agreement shall be governed by and construed under the laws of France. Any suit hereunder will be brought in the courts of Paris, France, and you submit to the personal jurisdiction thereof.
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"PressKing" is owned and operated by PressKing SAS, 17 Square Edouard VII, 75009 Paris, France.
For any question regarding these Terms, please contact us.
