Terms

Terms and conditions governing your use of the press release distribution and related service(s) (collectively, the “Service”):

  1. Use
  2. You are responsible for the content and accuracy of all news copy and other information submitted by you to Image Line Communications Ltd t/a TLMWnewswire even if such copy has been reviewed, edited or written by TLMWnewswire for you. Because of the volume of information and copy submitted to TLMWnewswire, TLMWnewswire cannot be responsible for verifying facts contained in submitted copy. All submitted copy must follow TLMWnewswire’s editorial guidelines which can be found on TLMWnewswire’s web site and are subject to change at any time at TLMWnewswire’s total discretion.
  3. TLMWnewswire reserves the right (i) to reject or edit submitted copy, provided that substantive edits to the submitted copy will not be done without your consent; and (ii) to remove any press release from its web site, refuse any press release from distribution or deny approval to any press release. TLMWnewswire can only remove submitted copy from its own website and TLMWnewswire makes no representation or warranty regarding the removal of submitted copy from external sites that might publish it.
  4. TLMWnewswire endeavors to distribute submitted releases promptly and accurately. Any errors made by TLMWnewswire will be corrected promptly upon discovery, without additional charge and such obligation to correct shall constitute the sole liability of TLMWnewswire in this regard. If submitted release is not distributed within 30 days of the earlier of the (i) date from which you paid for the service for reasons other than a delay caused solely by TLMWnewswire, then TLMWnewswire’s service to you concerning such submitted release and/or payment shall be considered complete and TLMWnewswire shall have no further obligation to you regarding such submitted release or in relation to such payment.
  5. All submitted releases distributed by TLMWnewswire must contain a contact name, phone number and email address that may be verified by TLMWnewswire.
  6. TLMWnewswire does not warrant specific placement of any news release nor pick up by third parties of any news release on its wire, but will distribute a news release to make such content available to be repurposed by third parties who discover the content at various Internet locations, both intended and unintended.
  7. You agree to use the newswire for its intended purpose and not for any illicit purposes.
  8. Suspension, Termination
  9. TLMWnewswire may suspend or terminate your account at any time at its discretion.
  10. Billing
  11. 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. All payment obligations are non-cancellable and all amounts paid are non-refundable. You must prepay TLMWnewswire to use the service. TLMWnewswire reserves the right to modify its fees and charges and to introduce new charges at any time.
  12. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. If you believe your bill is incorrect, you must contact us in writing within 30 days at the following address: Image Line Communications Ltd., 8 Skylines Business Village, London E14 9TS.
  13. You agree to provide TLMWnewswire with complete and accurate billing and contact information. If the contact information you have provided is false or fraudulent, TLMWnewswire reserves the right to terminate your access to the service in addition to any other legal remedies.
  14. Unless otherwise agreed to by TLMWnewswire, amounts will be billed in pounds sterling.
  15. Warranties; Limitation of Liability
  16. You represent and warrant to TLMWnewswire that (i) you have the right to deliver the submitted materials to TLMWnewswire, (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”, (iii) Submitted Materials will not 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; and (iv) Submitted materials will not contain any viruses, scripts, macros, or programs or links to macros, scripts, programs, or any code that alters, destroys, infiltrates or inhibits the operation of computer systems including, but not limited to the service or data stored within such computer systems including, but not limited to the service.
  17. TLMWNEWSWIRE MAKES NO WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE, AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE), REGARDING THE SERVICE. TLMWNEWSWIRE DOES NOT WARRANT OR REPRESENT THAT THE SERVICE WILL BE FREE FROM ERRORS, INCLUDING OMISSIONS, INTERRUPTIONS, DELAYS, LOSSES OR DEFECTS, WHETHER HUMAN OR MECHANICAL.
  18. TLMWnewswire’s entire liability for damages for any claims arising under or in connection with your use of the service, regardless of the cause of action, whether in contract or in tort (including without limitation, breach of warranty and negligence claims) shall be limited to your actual direct damages, not to exceed the amounts actually paid by you for your use of the service during the twelve months immediately preceding the month in which the cause of action arose. IN NO EVENT SHALL TLMWNEWSWIRE 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.
  19. Indemnification
  20. TLMWnewswire will indemnify (“Indemnitor”) and hold you (“Indemnitee”) harmless against any claim or demand by a third party, including without limitation reasonable legal fees, alleging that the service infringes any intellectual property right under the laws of the United Kingdom of a third party. This indemnification does not cover third party claims arising from: (i) modifications to the service by anyone other than TLMWnewswire or its authorised agents and contractors; (ii) use of the Service by you in combination with other software or equipment not authorised by TLMWnewswire where the service, if not so used, would not be infringing; or (iii) your failure to use the service in accordance with these terms and conditions.
  21. You shall indemnify (“Indemnitor”) and hold harmless TLMWnewswire (“Indemnitee”), its affiliated companies, from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of or relating to any breach by you of any representations and/or warranties contained herein or otherwise arising out of or relating to the submitted materials.
  22. Indemnification is conditioned upon the following: (i) the Indemnitee promptly notifying the Indemnitor of any claim; (ii) the Indemnitor having sole control of the defence and all related settlement negotiations; and (iii) the Indemnitee cooperating, at the Indemnitor’s expense, in the defence and furnishing the Indemnitor with all related evidence in its control.
  23. If a claim regarding the service and alleging infringement is brought or is likely, in TLMWnewswire’s sole opinion, to be brought, TLMWnewswire may, at its sole option and expense (i) obtain the right for you to continue using the service; (ii) replace or modify the service so that it becomes non-infringing; or (iii) upon notice to you, terminate your use of the Service or any portion thereof, provided that Image Line Communications Limited promptly refunds to you the prorated portion of any pre-paid fees paid hereunder.
  24. Miscellaneous
  25. TLMWnewswire facilities are governed by UK regulations.
  26. You shall not hold yourself out as in any way as sponsored by, affiliated with, or endorsed by TLMWnewswire or its subsidiaries or affiliates. You agree not to (i) defame or disparage TLMWnewswire, its service; or (ii) adapt, translate, modify, decompile, disassemble, or reverse engineer the service or programmes used in connection with the service.
  27. You consent to receive communications from TLMWnewswire concerning the service electronically by email to the email address you provided in connection with your account. 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 email or postal address to which TLMWnewswire sends communications by notifying TLMWnewswire in writing (which may be by email).
  28. By registering for the service or submitting submitted materials, you agree to be bound by these terms and conditions. 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 and conditions. Should you violate these terms and conditions or any other rights of TLMWnewswire, TLMWnewswire reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts.
  29. You are responsible for all activity occurring under your account and shall abide by all applicable local, national and foreign laws, treaties and regulations in connection with your use of the service. Your obligations shall be binding on your heirs, successors and assigns.
  30. TLMWnewswire reserves the right to modify these terms and conditions or its policies relating to the service at any time, effective upon posting of an updated version on the newswire website. You are responsible for regularly reviewing these terms and conditions. Continued use of the service after any such changes shall constitute your consent to such changes.
  31. You acknowledge and agree that you and TLMWnewswire are independent contractors, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party 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.
  32. This Agreement shall be governed by and construed under the laws of England exclusive of its conflict of laws provisions. Any suit hereunder will be brought in English courts and you submit to the personal jurisdiction thereof. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.