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General terms and conditions
Preamble
The Pressetext News Agency Ltd. home base is located in Vienna and operates offices in Austria, Germany, Switzerland and in the USA. The Terms of Service apply for all services provided by Pressetext for it's customers. Especially for press releases, IR News, editorial and content services.
1. Use
A.
You are responsible for the content and accuracy of all press releases and other information submitted by you to pressetext Nachrichtenagentur GmbH, dba pressetext news agency Ltd. ("IR News") or entered into the Service (the "Submitted Materials"). Because of the volume of information and press releases submitted to IR News, IR News cannot be responsible for verifying facts contained in Submitted Materials.
B.
IR News 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. IR News can only remove Submitted Materials from its network, and IR News makes no representation or warranty regarding the removal of Submitted Materials from sites outside of the IR News network.
C.
IR News endeavors to disseminate Submitted Materials promptly and accurately. Any inadvertent errors by IR News will be corrected promptly upon discovery, without additional charge, and such obligation to correct shall constitute the sole liability of IR News in this regard.
D.
All Submitted Materials transmitted by IR News must contain a user-supplied contact name, phone number and e-mail address that may be verified by IR News.
E.
E. IR News does not warrant specific placement of any press release nor pick up by third parties of any press release on its wire, but will deliver a press 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.
F.
You agree to use the Service 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 IR News systems with the express written consent of IR News.
2. Suspension, Termination
A.
IR News may suspend or terminate your account at any time at its discretion. Notwithstanding the foregoing, if your account becomes delinquent or you breach any material term or condition herein, then, in addition to any of its other rights or remedies, IR News reserves the right to suspend your access to the Service, without liability to you.
3. Billing
A.
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 noncancelable and all amounts paid are nonrefundable. You must provide IR News with valid credit card information to use the Service or pay through PayPal. IR News reserves the right to modify its fees and charges and to introduce new charges at any time.
B.
All fees are free of VAT (valuation added tax). If you believe your bill is incorrect, you must contact us in writing within 60 days at the following address: pressetext Nachrichtenagentur GmbH, Josefstaedter Strasse 44, 1080 Vienna, Austria.
C.
You agree to provide IR News 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, IR News reserves the right to terminate your access to the Service in addition to any other legal remedies.
D.
Unless otherwise agreed to by IR News, amounts will be billed in Euro.
4. Warranties; Limitation of Liability
A.
You represent and warrant to IR News that (i) you have the right to deliver the Submitted Materials to IR News, (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.
B.
IR NEWS 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. IR NEWS DOES NOT WARRANT OR REPRESENT THAT THE SERVICE WILL BE FREE FROM ERRORS, INCLUDING OMISSIONS, INTERRUPTIONS, DELAYS, LOSSES OR DEFECTS, WHETHER HUMAN OR MECHANICAL.
C.
IR News 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 IR NEWS 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.
5. Indemnification
A.
IR News will indemnify (“Indemnitor”) and hold you (“Indemnitee”) harmless against any claim or demand by a third party, including without limitation reasonable attorney’s fees, alleging that the Service infringes any intellectual property right under the international law of a third party. This indemnification does not cover third party claims arising from: (i) modifications to the Service by anyone other than IR News or its authorized agents and contractors; (ii) use of the Service by you in combination with other software or equipment not authorized by IR News 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.
B.
You shall indemnify (“Indemnitor”) and hold harmless IR News (“Indemnitee”), 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 you of any representations and/or warranties contained herein or otherwise arising out of or relating to the Submitted Materials.
C.
Indemnification is conditioned upon the following: (i) the Indemnitee promptly notifying the Indemnitor of any claim; (ii) the Indemnitor having sole control of the defense and all related settlement negotiations; and (iii) the Indemnitee cooperating, at the Indemnitor’s expense, in the defense and furnishing the Indemnitor with all related evidence in its control.
D.
If a claim regarding the Service and alleging infringement is brought or is likely, in IR News sole opinion, to be brought, IR News 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 pressetext promptly refunds to you the prorated portion of any pre-paid fees paid hereunder.
6. Miscellaneous
A.
You consent to receive communications from IR News 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 IR News sends communications by notifying IR News in writing (which may be by email).
B.
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 IR News, IR News reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts.
C.
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.
D.
IR News 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 Service. 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.
E.
You acknowledge and agree that you and IR News 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.
F.
These terms and conditions shall be governed by Austrian law. Any suit hereunder will be brought in the courts located in Vienna, Austria, 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.
Last Updated: March 3rd, 2014