Press Release:Terms and Conditions
“IEWY.com” and or “IEWY” means IEWY, a press release distribution tool used to publish press releases through or via IEWY release distirbution system. “Client” means the party utilizing IEWYs’s distribution service. “Agreement” means this Terms of Service Agreement between the Client and IEWY. “Content” and “Client Content” mean all information and materials submitted by Client to IEWY. “Service” or “Services” means the services provided to Client by IEWY including, but not limited to, press/news release distribution. “Partner” or “Partners” means a third party that has a joint venture or marketing relationship with IEWY.
Client Representations & Warranties
Client is solely responsible for the accuracy and authenticity of the Content submitted by the Client to IEWY. The client represents and warrants to IEWY that:
* The client has the right and is authorized to submit the content to IEWY for distribution;
* The client’s content is true and accurate;
* The client is not impersonating any person or entity or misrepresenting the client’s affiliation with any person or entity;
* Distribution of the content does not violate the state, federal or common law copyright, trademark, or service mark rights, any other property rights, privacy rights, intellectual property rights, confidentiality rights or other proprietary or contract rights of any third party;
* The client’s content does not contain any information which is libelous or otherwise illegal;
* The client will not misuse the Services or misappropriate the content to compete directly or indirectly with IEWY or to engage in derivative commercial activities without IEWY’s prior written consent; and
* The client has investigated the desirability of utilizing IEWY’s services and is not relying on any representation, guarantee, or statement other than as set forth in these Terms of Service or in the materials on IEWY’s website, “IEWY.com”.
Client hereby grants IEWY a non-exclusive, royalty-free, sub-licensable, transferable, and assignable license to store, display, reproduce, distribute and, if appropriate, translate the content submitted. The client also grants IEWY the right to mention the client’s name in marketing collateral, unless the client requests in writing that IEWY refrain from such mentions.
IEWY maintains a set of policies governing the allowable usage of its Services. A copy of these policiesare available to all clients on the press release terms and conditions page. The client agrees to adhere to these policies, as amended from time to time, as a necessary condition for using IEWY’s Services.
Prices for IEWY’s service may change from time to time. Currently, IEWY charges just £3.99 ($7.99) per press release distributed through the IEWY service.
NO WARRANTIES BY IEWY.com
EXCEPT AS STATED IN THIS AGREEMENT, IEWY OR PARTNERS MAKES NO WARRANTY, EXPRESS OR IMPLIED, AND NO PROMISE OR REPRESENTATION HAS BEEN MADE BY IEWY OR PARTNER REGARDING ANY SERVICES TO BE PROVIDED BY OR THROUGH IEWY OR PARTNERS. NO REFUNDS ARE OFFERED UNDER ANY CIRCUMSTANCES.
At IEWY’s sole discretion, notices by IEWY to clients regarding matters pertaining to this Agreement and/or the performance of this Agreement may be given by means of posting on the IEWY website “IEWY.com” or by email to the Client.
This Agreement constitutes the entire agreement between Client and IEWY regarding the Services provided and/or to be provided by IEWY. This Agreement replaces any and all prior written and oral understandings and writings. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.
Any lawsuit filed by either party to enforce or construe any right granted under this Agreement or to assert any claim arising from the Services provided by IEWY to Client shall be filed exclusively in Europe. In connection with any such action, Client consents to jurisdiction in the courts of the European Community. In any such action, the parties agree that the laws of the European Community shall apply and shall govern the determination of the action.
Effect Of Delivery Of Notices By Facsimile Or Electronic Mail
The parties agree that the parties shall treat any document sent to the other by facsimile or by electronic mail as if the document were an original delivered to the recipient by hand delivery.
LIMITATION OF LIABILITY
IEWY’S AND PARTNER’S LIABILITY SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE CLIENT TO IEWY IN CONNECTION WITH THE SERVICES OUT OF WHICH THE CLAIM BY CLIENT ARISES.
IEWY shall not be liable for indirect, incidental, consequential, special or exemplary damages (even if IEWY has been advised of the possibility of such damages and including such damages as might be incurred by third parties), arising from performance under, or failure of performance under, any provision of this Agreement, such as, but not limited to, loss of revenue, change in share price, loss of anticipated profits or lost business.
This limitation of liability applies to any damages, including without limitation those caused by any failure or 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, tortuous conduct, acts or omissions, negligence, or under any other claim or cause of action.
You agree to hold harmless and indemnify IEWY, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, IEWY will provide you with written notice of such claim, suit or action.