TERMS OF SERVICE
These Terms and Conditions constitute an Agreement (hereinafter called "Agreement") between the USER and The Open Press.
1. The Open Press. facilities are governed by Federal and State regulations. Services may be withheld from overdue accounts and The Open Press reserves the right to deny service to any person, company or entity for any reason we see fit.
2. USER is responsible for the content and accuracy of all news copy and other information submitted by it. Because of the volume of information and copy submitted to The Open Press., The Open Press. cannot be responsible for verifying any facts contained therein. USER represents and warrants to The Open Press. that (i) it has the right to deliver to The Open Press. all information and copy submitted to it, (ii) it 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) no information or copy submitted by USER will 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. USER shall indemnify and hold harmless The Open Press., 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 Member of the foregoing representations and warranties or otherwise arising out of or relating to the contents or nature of copy and other information provided by USER.
3. The Open Press. reserves the right to reject or edit copy or other information when necessary in its judgment. The Open Press. reserves the right, at its sole discretion, to remove any press release from its web site, pull any press release from distribution or deny approval to any press release.
4. The Open Press. endeavors to disseminate promptly and accurately all news and other information that it processes. Any inadvertent errors by The Open Press. will be corrected promptly upon discovery, without additional charge, and such obligation to correct shall constitute the sole liability of The Open Press. in this regard.
5. The Open Press. is not warranting or ensuring that The Open Press.'s services will be free from errors, including omissions, interruptions, delays, losses or defects, whether human or mechanical. The Open Press. makes no warranties, expressed or implied, as to its services, including but not limited to any warranties of merchantability or suitability for print or broadcast. The liability of The Open Press. and its affiliates to USER shall be limited to the refund of the fees paid by USER if we fail to provide the services we provide and in no event will The Open Press. or its affiliates be liable for any indirect, consequential, special, exemplary or incidental damages.
6. All news releases and other information transmitted by The Open Press. must contain a USER-supplied contact name and phone number and a clearly identifiable source. The source gives legitimacy to the release by indicating who is responsible for the content and cannot be the name of an agency issuing news on behalf of USER.
7. The Open Press. does not warrant specific placement of any news release nor pick up on any news release on its wire, but will deliver a news release to the appropriate media point where an editor or reporter will best be able to decide on usage.
8. You consent to receive communications from The Open Press. concerning your use of the Products and Services ("Communications"). The Communications may be those that The Open Press. is required to send to you by law concerning the Products and Services ("Required Communications"). The Communications may also be those that The Open Press. sends to you for other reasons. You consent to receive Communications electronically. The Open Press. may provide these Communications to you by sending an e-mail to the e-mail address you provided in connection with your account or by posting the Communication on the The Open Press. network. You also consent to receive Communications by telephone or by postal mail sent to the postal address you provided in connection with your account. You may change the e-mail or postal address to which The Open Press. sends Communications by visiting your account information page.
9. Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of The Open Press.'s or any third party's intellectual property rights, whether by estoppels, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate the The Open Press. network and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of The Open Press. and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by The Open Press. in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by The Open Press., any of The Open Press.'s affiliates, or any of The Open Press.'s service providers. You agree not to use any of the trademarks or service marks or other Content accessible through the The Open Press. network of any purpose other than the purpose for which such Content is made available to users by The Open Press.. You agree not to defame or disparage The Open Press., the trademarks or service marks of The Open Press., or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or the The Open Press. network.
Information, services, methods and processes made available to the USER are the intellectual property of The Open Press.. You agree to use this service for its intended purpose and not for the 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.
10. You acknowledge and agree that you and The Open Press. are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions 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.
11. Should you violate these Terms and Conditions or any other rights of The Open Press. and the The Open Press. network of sites, The Open Press. reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the The Open Press. network web sites.
12. You understand that The Open Press services are not refundable under any circumstances unless we fail to provide the service or product we advertise. Once a Press Release is purchased and it is displayed on our web site you the user or customer are not entitled to any refund.
13. Advertising rates for advertising on our web site are not refundable. Furthermore, we reserve the right to suspend any purchased ad in the event another party purchases exclusive advertising for a period of time. In such a case you agree that The Open Press has the right to suspend any and all other ads until the exclusive ad has expired at which point in time all other ads will be enabled to finish its run.
14. The Open Press does not accept ads for pornographic materials, web sites or services nor for any illegal content or service and we reserve the right to reject any ad we feel is unethical.
If you are aware of any violations of these Terms and Conditions, please report them to:
The Open Press.,
Abuse Manager
PO Box 2408
Palatine, IL 60078
15. The USERS obligations shall be binding on the recipient's heirs, successors and assigns.
16. This Agreement shall be governed by and construed under the laws of Delaware without reference to conflict of laws.
17. By its registration for service, submission of copy and/or other information to The Open Press., USER agrees to be bound by the foregoing Conditions of Service.
18. The Open Press is not responsible for any Hot Picks posted by members who join our site as USERS of our services. We neither endorse nor support any of the Hot Picks stocks posted on our web site. Each individual is responsible for such Hot Picks.
19. The Open Press does not promote any offers to buy or sell any securities.
20. Features Companies are profiled by The Open Press for educational purposes only. The Open Press may or may not purchase any securities in the companies we profile. You agree not to hold us responsible for any of your actions.
In Addition, when submitting a release for distribution through The Open Press for distribution on the The Open Press network you agree to the following.
TERMS & CONDITIONS OF SERVICE CLAUSE
The Open Press partners who accept and process news releases through an online Web-based Site will be required to include a "conditions of service" clause within the online application and follow a verification checklist. Furthermore, all parties who use our RSS Feed must display "The Open Press" as the source of the Press release linked to our web site.
TERMS & CONDITIONS CLAUSE - All companies submitting a news release through the Company Web site must accept an online "terms & conditions" clause. This clause, set forth below, must be included within the online application process with a click through acceptance process. Additionally this Terms and Conditions Clause can be completed via fax.
CONDITIONS OF SERVICE:
The Open Press facilities are governed by Federal and State regulations. You are responsible for the content and accuracy of all news copy and information submitted to The Open Press via The Open Press., . Because of the volume of copy and information submitted to The Open Press, The Open Press cannot be responsible for verifying any facts contained therein. You represent and warrant to The Open Press and The Open Press., that (i) You have the right to deliver to The Open Press and The Open Press., all copy and information You submit, (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) no copy or information submitted by You will 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. You shall indemnify and hold harmless The Open Press, its affiliated companies, third party vendors, including distributors, and The Open Press., from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys fees) arising out of or relating to any breach by You of the foregoing representations and warranties or otherwise arising out of or relating to the contents or nature of the information and/or copy provided by You. The Open Press reserves the right to reject or edit copy or other information when necessary in its judgment. All news copy, photographs, video and audio files processed shall be the property of The Open Press. The Open Press and The Open Press., endeavor to disseminate promptly and accurately all news and other information that they process. Any inadvertent errors by The Open Press or The Open Press., will be corrected promptly upon discovery, without additional charge, and such obligation to correct shall constitute the sole liability of The Open Press and The Open Press., in this regard. The Open Press and The Open Press., are not warranting or insuring that The Open Press's or The Open Press.'s services will be free from errors, omissions, interruptions, delay, losses or defects, whether human or mechanical. The Open Press and The Open Press., make no warranties, expressed or implied, as to the services, including but not limited to any warranties or merchantability or suitability for print or broadcast. In no event will The Open Press or its affiliates or The Open Press., be LIABLE to You, including for any indirect, consequential, special, exemplary or incidental damages. By Your submission of copy and/or other information to The Open Press via The Open Press., , You agree to be bound by the foregoing Conditions of Service.
The Open Press Discussion Forum User Agreement Clause
The Open Press we are not responsible for any messages posted. We do not vouch for or warrant the accuracy, completeness or usefulness of any message, and are not responsible for the contents of any message. The messages express the views of the author of the message, not necessarily the views of The Open Press. Any user who feels that a posted message is objectionable is encouraged to contact us immediately by e-mail. We have the ability to remove objectionable messages and we will make every effort to do so, within a reasonable time frame, if we determine that removal is necessary. You agree, through your use of this service, that you will not use this Discussion Board to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violative of any law. You agree not to post any copyrighted material unless the copyright is owned by you or by The Open Press. You agree not to post any material which can be deemed even remotely to be spam or any form of advertising. You agree that The Open Press and its staff members have the right to remove any posts we feel are in violation of this user agreement and our company policy.
By registering on the The Open Press web site you agree to have read the user agreement.