Terms, Conditions and Disclaimers
OnlinePressKit247.com is an online technology for creating, managing and hosting online press kits. The services offered by OnlinePressKit247.com ("OnlinePressKit247.com" or "we") include the OnlinePressKit247.com website (the "OnlinePressKit 24/7 Website"), and any other features, content, or applications offered from time to time by OnlinePressKit247.com in connection with the OnlinePressKit247 Website (collectively, the "OnlinePressKit 24/7 Services"). The OnlinePressKit 24/7 Services are hosted in the U.S.
OnlinePressKit247.com may modify this Agreement from time to time and such modification shall be effective upon posting by OnlinePressKit247.com on the OnlinePressKit 24/7 Website. You agree to be bound to any changes to this Agreement when you use the OnlinePressKit 24/7 Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on OnlinePressKit247.com and that you provide to other Subscribers. Your OnlinePressKit247.com profile may not include the following items: any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other OnlinePressKit247.com Subscribers may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and OnlinePressKit247.com assumes no responsibility or liability for this material. If you become aware of misuse of the OnlinePressKit 24/7 Services by any person, please contact Info@WasabiPublicity.com
OnlinePressKit247.com reserves the right, in its sole discretion, to reject, refuse to post or remove any content by you, or to restrict, suspend, or terminate your access to all or any part of the OnlinePressKit 24/7 Services at any time, for any or no reason, with or without prior notice, and without liability.
Eligibility. Use of the OnlinePressKit247 Services is void where prohibited. By using the OnlinePressKit 24/7 Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the OnlinePressKit 24/7Services does not violate any of the Terms and Conditions set forth here; and (d) your use of the OnlinePressKit 24/7 Services does not violate any applicable law or regulation. Your profile may be deleted and your subscription may be terminated without warning, if we believe that you have violated any of the above Eligibility conditions.
Term. This Agreement shall remain in full force and effect while you use the OnlinePressKit 24/7 Services. You may terminate your subscription at any time, for any reason. OnlinePressKit247.com may terminate your subscription at any time, without warning. Even after subscription is terminated, this Agreement will remain in effect.
Fees. You acknowledge that OnlinePressKit247.com is not a free service and that purchase is required to become a subscriber.
Password. When you become a subscriber, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, Subscriber name, or password of another Subscriber at any time or to disclose your password to any third party. You agree to terminate your subscription immediately if you suspect any unauthorized use of your account or access to your password. A new account can be created thereafter with a new password. You are solely responsible for any and all use of your account.
Commercial Use by Subscribers. The OnlinePressKit 24/7 Services are for use in hosting, managing and creating online press kits and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by OnlinePressKit247.com. Illegal and/or unauthorized use of the OnlinePressKit 24/7 Services, including collecting Subscriber names and/or email addresses of Subscribers by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the OnlinePressKit 24/7 Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Subscriber profiles without notice and may result in termination of Subscriber privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the OnlinePressKit 24/7 Services.
Proprietary Rights in Content on OnlinePressKit247.com.
OnlinePressKit247.com does not claim any ownership rights in the text, files, press kit content, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the OnlinePressKit 24/7 Services. After posting your Content to the OnlinePressKit 24/7 Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the OnlinePressKit 24/7 Services, you hereby grant to OnlinePressKit247.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the OnlinePressKit 24/7 Services.
Without this license, OnlinePressKit247.com would be unable to provide the OnlinePressKit 24/7 Services. For example, without the right to modify Subscriber Content, OnlinePressKit247.com would not be able to digitally compress files that Subscribers submit or otherwise format Content to satisfy technical requirements. The license does not grant OnlinePressKit247.com the right to sell your Content, nor does the license grant OnlinePressKit247.com the right to distribute your Content outside of the OnlinePressKit 24/7 Services.
You represent and warrant that: (i) you own the Content posted by you on or through the OnlinePressKit 24/7 Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the OnlinePressKit 24/7 Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the OnlinePressKit 24/7 Services.
The OnlinePressKit 24/7 Services contain Content of OnlinePressKit247.com ("OnlinePressKit247.com Content"). OnlinePressKit247.com Content is protected by copyright, trademark, patent, trade secret and other laws, and OnlinePressKit247.com owns and retains all rights in the OnlinePressKit247.com Content and the OnlinePressKit247 Services. OnlinePressKit247.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the OnlinePressKit247.com Content (excluding any software code) solely for your personal use in connection with viewing the OnlinePressKit 24/7 Website and using the OnlinePressKit 24/7 Services.
The OnlinePressKit 24/7 Services contain Content of Subscribers and other OnlinePressKit247.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the OnlinePressKit 24/7 Services.
Content Posted. OnlinePressKit247.com may delete any Content that in the sole judgment of OnlinePressKit247.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. OnlinePressKit247.com assumes no responsibility for monitoring the OnlinePressKit 24/7 Services for inappropriate Content or conduct. If at any time OnlinePressKit247.com chooses, in its sole discretion, to monitor the OnlinePressKit 24/7 Services, OnlinePressKit247.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the Subscriber submitting any such Content.
You are solely responsible for the Content that you post on or through any of the OnlinePressKit247 Services, and any material or information that you transmit to other Subscribers and for your interactions with other Subscribers. OnlinePressKit247.com does not endorse and has no control over the Content. Content is not reviewed by OnlinePressKit247.com prior to posting and does not necessarily reflect the opinions or policies of OnlinePressKit247.com. OnlinePressKit247.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Subscribers.
Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the OnlinePressKit 24/7 Services. OnlinePressKit247.com reserves the right to investigate and take appropriate legal action against anyone who, in OnlinePressKit247.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the OnlinePressKit 24/7 Services and terminating the Subscription of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of OnlinePressKit247.com:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or email addresses of any Subscriber or person other than yourself;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Subscribers;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent.
The following is a partial list of the kind of activity that is illegal or prohibited on the OnlinePressKit 24/7 Website and through your use of the OnlinePressKit 24/7 Services. OnlinePressKit247.com reserves the right to investigate and take appropriate legal action against anyone who, in OnlinePressKit247.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any Subscriber to buy or sell any products or services through the OnlinePressKit 24/7 Services. You may not transmit any chain letters or junk email to other Subscribers. It is also a violation of these rules to use any information obtained from the OnlinePressKit 24/7 Services in order to contact, advertise to, solicit, or sell to any Subscriber without their prior explicit consent. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the OnlinePressKit 24/7 Services, you acknowledge that you will have caused substantial harm to OnlinePressKit247.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay OnlinePressKit247.com $50 for each such unsolicited email or other unsolicited communication you send through the OnlinePressKit 24/7 Services;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the OnlinePressKit 24/7 Services or the networks or services connected to the OnlinePressKit 24/7 Services;
- attempting to impersonate another Subscriber or person;
- using the account, Subscriber name, or password of another Subscriber at any time or disclosing your password to any third party or permitting any third party to access your account;
- using any information obtained from the OnlinePressKit 24/7 Services in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile
- using the OnlinePressKit 24/7 Services in a manner inconsistent with any and all applicable laws and regulations.
Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of OnlinePressKit247.com to terminate Subscriber privileges of any Subscriber who repeatedly infringes the copyright rights of others upon receipt of prompt notification to OnlinePressKit247.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the OnlinePressKit 24/7 Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the OnlinePressKit 24/7 Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. OnlinePressKit247.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Wasabi Publicity, Inc., 438-B Highway 176 East, Saluda, NC 28773; Phone: (404)865-1405; Attn: Copyright Agent; Email: Info@WasabiPublicity.com.
Subscriber Disputes. You are solely responsible for your interactions with other OnlinePressKit247.com Subscribers. OnlinePressKit247.com reserves the right, but has no obligation, to monitor disputes between you and other Subscribers.
Disclaimers. OnlinePressKit247.com is not responsible for any incorrect or inaccurate Content posted or shared on the OnlinePressKit 24/7 Website or in connection with the OnlinePressKit247 Services, whether caused by Subscribers of the OnlinePressKit 24/7 Services or by any of the equipment or programming associated with or utilized in the OnlinePressKit 24/7 Services. Requests and pitches created and posted by Subscribers on the OnlinePressKit 24/7 Website may contain OnlinePressKit247.com generated links such as links to OnlinePressKit247.com or other affiliate websites. OnlinePressKit247.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by OnlinePressKit247.com. Inclusion of any linked website on the OnlinePressKit 24/7 Services does not imply approval or endorsement of the linked website.
OnlinePressKit247.com takes no responsibility for third party advertisements which are posted on this OnlinePressKit 24/7 Website or through the OnlinePressKit 24/7 Services, nor does it take any responsibility for the goods or services provided by its advertisers.
OnlinePressKit247.com is not responsible for the conduct, whether online or offline, of any Subscriber of the OnlinePressKit247 Services. OnlinePressKit247.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Subscriber or Subscriber communication. OnlinePressKit247.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, email delivery system, or similar systems or equipment due to technical problems or traffic congestion on the Internet or on any of the OnlinePressKit 24/7 Services or combination thereof, including any injury or damage to Subscribers or to any person's computer related to or resulting from participation or downloading materials in connection with the OnlinePressKit 24/7 Services. Under no circumstances shall OnlinePressKit247.com be responsible for any loss or damage, including personal injury or death, resulting from use of the OnlinePressKit 24/7 Services, attendance at a OnlinePressKit247.com event, from any Content posted on or through the OnlinePressKit 24/7 Services, or from the conduct of any Subscribers of the OnlinePressKit 24/7 Services, whether online or offline. The OnlinePressKit 24/7 Services are provided "AS-IS" and as available and OnlinePressKit247.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
Limitation on Liability. IN NO EVENT SHALL ONLINEPRESSKIT247.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ONLINEPRESSKIT247.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ONLINEPRESSKIT247.com's LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ONLINEPRESSKIT247.COM FOR THE ONLINEPRESSKIT 24/7 SERVICES DURING THE TERM OF SUBSCRIBERSHIP.
U.S. Export Controls. Software available in connection with the OnlinePressKit 24/7 Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the OnlinePressKit 24/7 Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Disputes. If there is any dispute about or involving the OnlinePressKit 24/7 Services, you agree that the dispute shall be governed by the laws of the State of North Carolina, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of North Carolina. Either OnlinePressKit247.com or you may demand that any dispute between OnlinePressKit247.com and you about or involving the OnlinePressKit 24/7 Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in North Carolina, USA, provided that the foregoing shall not prevent OnlinePressKit247.com from seeking injunctive relief in a court of competent jurisdiction.
Indemnity. You agree to indemnify and hold OnlinePressKit247.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the OnlinePressKit 24/7 Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the OnlinePressKit 24/7 Website or through the OnlinePressKit 24/7 Services causes OnlinePressKit247.com to be liable to another.
Guarantee. OnlinePressKit247.com guarantees that a Subscriber will obtain three media placements, online or offline during a one year subscription using the OnlinePressKit247.com Website and Services.
Eligibility for the Guarantee. Listed below are the criteria that must be met collectively for a Subscriber to be eligible for the guarantee:
- A one year subscription is effective when the Subscriber is a paying user of OnlinePressKit247.com Website and Services for twelve consecutive months, paid yearly or in monthly installments.
- The Subscriber must commit their finished press kit for evaluation by using the System’s “Submit for review” function.
- The Subscriber must follow the recommendations of the evaluation and make appropriate changes if applicable. The Subscriber must submit the press kit again for evaluation after the recommended modifications have been completed.
- The press kit must pass OnlinePressKit.com’s evaluation.
- If any changes are made to the press kit during the guaranteed period the press kit must be resubmitted for evaluation.
- The Subscriber must select the press kit to be included in the OnlinePressKit.com’s search engine after the press kit has passed the evaluation and must keep the function turned on during the 12 month period. If the search function is turned off at any time during the guaranteed period, the guarantee is void. Turning the search function back on will restart the guarantee from the beginning.
- If the press kit passes the evaluation in the first month of the subscription the guarantee is valid from the day of the beginning of subscription. If the press kit passes the evaluation after the 30th day of subscription the day the press kit passes the evaluation is the day from when the guarantee is valid.
Other. This Agreement is accepted upon your use of the OnlinePressKit 24/7 Website or any of the OnlinePressKit 24/7 Services and is further affirmed by you becoming a Subscriber. This Agreement constitutes the entire agreement between you and OnlinePressKit247.com regarding the use of the OnlinePressKit 24/7 Services. The failure of OnlinePressKit247.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. OnlinePressKit247.com is a trademark of Wasabi Publicity, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Disclaimer: Example media coverage results shown are from clients of Wasabi Publicity, Inc. and were achieved using Online PressKit 24/7 as a tool during media outreach performed by our highly skilled team of professional publicists.
Please contact Wasabi Publicity, Inc., at Info@WasabiPublicity.com with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.