Terms and conditions governing your use of Press Release Monkey’s press release writing and distribution and/or distribution only service(s) (collectively, the “Service”):
A. You are responsible for the content and accuracy of all news copy and other information submitted by you to Press Release Monkey (“Press Release Monkey”) or entered into the Service (the “Submitted Materials”). You are also responsible for the content and accuracy of all news copy and other information written by our sub contracted writers and approved by you to Press Release Monkey (“Press Release Monkey”) or entered into the Service (the “Submitted Materials”). Press Release Monkey is not responsible for any claims or falsified information made in a press release that we write and submit or simply submit on your behalf. Because of the sheer volume of information that we deal with on a day to day basis we cannot be expected to fact check all the claims made on your website or in your order form. All Submitted Materials (including orders for writing) must follow Press Release Monkey’s editorial guidelines which can be found on Press Release Monkey’s website and are subject to change at any time per Press Release Monkey’s discretion. Press Release Monkey’s writers are not obliged to contact any client over phone at any time as this is not part of Press Release Monkey’s service. All communications are done over email and any requests to have writers contact clients by phone will be denied.
B. Press Release Monkey reserves the right to deny or edit any third party submitted materials provided that substantive edits to the materials will not be done without your (the clients) consent; and (2) to delete any press release from the website, remove it from distribution, or to deny any press release that is submitted. Once any press release has gone live Press Release Monkey can only remove it from their own network and makes no warranty to remove it from any of its third party networks or from sites that are outside the Press Release Monkey consolidated network.
C. Press Release Monkey makes every effort to properly syndicate any and all press releases professionally and accurately. Any mistakes that are clearly the fault of Press Release Monkey will be corrected immediately without any additional charges to the client, and such obligation to amend constitutes the sole liability of Press Release Monkey in this regard. If a press release is not distributed within 15 days of the original order Press Release Monkey will give you your next PR for free. Press Release Monkey guarantees that all press releases will be written within 72 hours of receiving the complete details for said order. Should the writer contact you your response time to any email is added to the 72 hour waiting period.
D. All orders to Press Release Monkey must contain a user-supplied contact name, phone number and e-mail address that may be verified by Press Release Monkey.
E. Press Release Monkey delivers press releases via online distribution channels in order to make said content available to be redistributed. Press Release Monkey is not responsible for who picks up a press release or for how that presses release is used by third parties.
You shall not query, crawl of covertly access any of Press Release Monkey’s systems without the express written consent of Press Release Monkey.
A. All amounts paid are nonrefundable and left to the discretion of Press Release Monkey. Press Release Monkey reserves the right to modify its fees and charges and to introduce new charges at any time.
B. 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, excluding only United States (federal or state) taxes based solely on Press Release Monkey’s income.
C. You agree to pay up front for any service provided to you by Press Release Monkey
D. All fees will be billed in U.S. dollars.
3. Warranties; Limitation of Liability
A. You represent and warrant to Press Release Monkey that (i) you have the right to deliver the Submitted Materials to Press Release Monkey, (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. PRESS RELEASE MONKEY 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. PRESS RELEASE MONKEY 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. Press Release Monkey’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 PRESS RELEASE MONKEY 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.
D. Press Release Monkey’s Writers are all sub-contractors and Press Release Monkey is in no way responsible for their actions outside the instructed parameters set by press release monkey upon hiring them. Should writers act in a way that is outside the parameters set by press release monkey they will be terminated and the assignment will be completed as promised by another writer by the purchase agreement. Any material created by a writer is the client’s responsibility upon approval of the press release. As stated in Article 1 Press Release Monkey is in no way responsible for the information disseminated once a press release goes live. Should clients enter into a private agreement with a writer outside of Press Release Monkey, Press Release Monkey is released of any and all responsibility for that writer’s actions or any agreements made between the client and the writer thereafter.
A. Press Release Monkey 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 laws of the United States of a third party. This indemnification does not cover third party claims arising from: (i) modifications to the Service by anyone other than Press Release Monkey or its authorized agents and contractors; (ii) use of the Service by you in combination with other software or equipment not authorized by Press Release Monkey 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 Press Release Monkey (“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 Press Release Monkey’s sole opinion, to be brought, Press Release Monkey 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 Press Release Monkey promptly refunds to you the prorated portion of any pre-paid fees paid hereunder.
A. Press Release Monkey facilities are governed by Federal and State regulations.
B. Certain content available through and used to operate the Service is protected by copyright, trademark, patent, or other proprietary rights of Press Release Monkey and its affiliates, licensors, and/or service providers. You shall not (i) use any of the trademarks, service marks, logos or other content accessible through the Service other than as set forth herein or as approved by Press Release Monkey; or (ii) modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Press Release Monkey in connection with the Service. All rights not expressly granted to you herein are reserved by Press Release Monkey.
C. You shall not hold yourself out as in any way as sponsored by, affiliated with, or endorsed by Press Release Monkey or its subsidiaries or affiliates. You agree not to (i) defame or disparage Press Release Monkey, its trademarks or service marks, or the Service; or (ii) adapt, translate, modify, decompile, disassemble, or reverse engineer the Service or any software or programs used in connection with the Service.
D. You consent to receive communications from Press Release Monkey 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 Press Release Monkey sends communications by notifying Press Release Monkey in writing (which may be by email). Press Release Monkey in no way guarantees that you may reach them by phone and reserves the right to contact clients via email at their discretion.
E. 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 Press Release Monkey, Press Release Monkey reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts.
F. 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 Service. Your obligations shall be binding on your heirs, successors and assigns.
G. Press Release Monkey 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.
H. You acknowledge and agree that you and Press Release Monkey 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.
I. This Agreement shall be governed by and construed under the laws of Maryland exclusive of its conflict of law’s provisions. Any suit hereunder will be brought in the federal or state courts located in the State of Maryland, 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.