Terms of Service Agreement
"India PRwire" or "IndiaPRwire.com" or "indiaprwire.com" means India PRwire; a Delhi (India) based company. "Client" means you, the party or person utilizing India PRwire's services. "Agreement" means this Terms of Service Agreement between the Client and India PRwire. "Content" and "Client Content" mean all information and materials submitted by the Client to India PRwire. "Service" or "Services" means the services provided to the Client by India PRwire including, but not limited to, press release distribution and image distribution. "Partner" or "Partners" means a third party that has a joint venture or marketing relationship with India PRwire.
- The Client is solely responsible for the accuracy and authenticity of the content submitted by the Client to India PRwire. Client represents and warrants to India PRwire, as follows:
- That Client has the right and is authorized to submit the content in form of press release or news article to India PRwire for distribution;
- That the Content does not contain any information which is libelous or otherwise illegal;
- That the Content is true and accurate;
- That the Client is not impersonating any person or entity, or misrepresenting Client's affiliation with any person or entity;
- That the Content will comply with all applicable laws, rules and regulations including, but not limited to, the Information Technology Act, 2000 (India) and laws relating to "spam";
- That the distribution of the Content does not violate the any 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;
- That Client will not misuse the Services or misappropriate the Content to compete directly or indirectly with India PRwire or to engage in derivative commercial activities without India PRwire's prior written consent; and
- That Client has investigated the desirability of utilizing India PRwire’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 India PRwire's website, "indiaprwire.com".
- The Client shall indemnify and hold harmless India PRwire, 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 Member of the foregoing representations and warranties or otherwise arising out of, or relating to the contents or nature of copy and other information provided by Client.
- India PRwire reserves the right to reject or edit copy or other information when necessary in its judgment. India PRwire reserves the right, at its sole discretion, to remove any press release from its website, pull any press release from distribution or deny approval to any press release.
- India PRwire is not warranting or ensuring that India PRwire’s services will be free from errors, including omissions, interruptions, delays, losses or defects, whether human or mechanical. India PRwire makes no warranties, expressed or implied, as to its services, including but not limited to any warranties of merchantability or suitability for print or broadcast. The liability of India PRwire and its affiliates to the Client shall be limited to the refund of the fees (if) paid by Client and in no event will India PRwire or its affiliates be liable for any indirect, consequential, special, exemplary or incidental damages.
- India PRwire does not warrant specific placement of any news release nor pick up on any news release on its wire, but will deliver a news release to the appropriate media point where an editor or reporter will best be able to decide on usage.
- In the event any third party brings any action, arbitration, or other legal proceeding (collectively, "legal proceeding") against India PRwire, its officers, directors, shareholders, agents, employees or other representatives of India PRwire, or against any third party who broadcasts, displays or distributes the Content with the permission of India PRwire, or against any third party who provides advertising for India PRwire, or against any other third party who otherwise uses the Content with India PRwire's permission (collectively hereinafter referred to as "the Indemnitees"), or against any Partner, arising from the distribution, broadcast, filing or display of any Content provided by Client to India PRwire or, from any breach by Client of this Agreement, or, based upon the inaccuracy of any warranty or representation made by Client herein, or, based upon the contention that the Content defames or slanders any third party or, based upon the contention that the Content violates any provision of Indian law or the intellectual property rights of any third party, Client shall indemnify, defend, and hold the Indemnitees harmless in connection with the claims made in the legal proceeding. Included in Client's obligation to indemnify, defend, and hold the Indemnitees harmless is the obligation to pay all attorneys' fees, expert witness fees, costs, and expenses incurred or to be incurred by the Indemnitees in connection with the defense of the legal proceeding (even if the legal proceeding is without merit).
- Client hereby grants India PRwire a non-exclusive, royalty-free, sub-licensable, transferable, and assignable license to store, display, reproduce, distribute and, if appropriate, translate the Content submitted. Client also grants India PRwire the right to mention the Client's name in India PRwire's marketing collateral, unless Client requests in writing that India PRwire refrain from such mentions.
- India PRwire maintains a set of policies governing the allowable usage of its Services. A copy of these policies are available to all Clients on their Account Management page (Press Room Page), which is the first page displayed after logging in to the India PRwire website. The Client agrees to adhere to these policies, as amended from time to time, as a necessary condition for using India PRwire’s Services.
- Prices for India PRwire’s Services may change from time to time. The price actually charged for a specific Service will be the price in effect at the time the Service is requested, minus any applicable discounts that may have been accorded to the Client under a valid Sales Contract signed by both Client and India PRwire.
- Clients may pay for Services by credit card or cheque at the time the Content is submitted or, with approved credit, may be invoiced. Unless otherwise specified, invoices are due upon receipt.
- If the Client fails to pay any sums when due, Client acknowledges and agrees that India PRwire may demand payment of the balance owed in full, with accrued interest at the monthly rate of 1.5% of the outstanding balance. India PRwire may, at its sole election, suspend performance of any further Services and/or may switch Client from invoice to credit card payment status, until such time as all payments due are paid. In the event Client fails to make payment for any Services when due or in the event India PRwire takes any action to enforce its rights, the Client agrees to pay all costs of collection, including reasonable attorneys' fees, which are incurred by India PRwire or its agents, whether or not a lawsuit is filed. In the event of litigation to enforce the terms herein, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable attorneys' fees.
- EXCEPT AS STATED IN THIS AGREEMENT, INDIA PRWIRE OR PARTNER MAKES NO WARRANTY, EXPRESS OR IMPLIED, AND NO PROMISE OR REPRESENTATION HAS BEEN MADE BY INDIA PRWIRE OR PARTNER REGARDING ANY SERVICES TO BE PROVIDED BY OR THROUGH INDIA PRWIRE OR PARTNER.
- INDIA PRWIRE'S AND PARTNER’S LIABILITY SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE CLIENT TO INDIA PRWIRE IN CONNECTION WITH THE SERVICES OUT OF WHICH THE CLAIM BY CLIENT ARISES.
- India PRwire shall not be liable for indirect, incidental, consequential, special or exemplary damages (even if India PRwire 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.
- At India PRwire's sole discretion, notices by India PRwire to Clients regarding matters pertaining to this Agreement and/or the performance of this Agreement may be given by means of posting on the India PRwire website "indiaprwire.com" or by email to the Client.
- 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 India PRwire to the Client shall be filed exclusively in the State of Haryana, India. In connection with any such action, Client consents to jurisdiction in the Courts of Gurgaon, Haryana, India. In any such action, the parties agree that the laws of the India shall apply and shall govern the determination of the action.
- The Client consent to receive communications from India PRwire concerning your use of the Products and Services ("Communications"). India PRwire may provide these Communications to the Client by sending an email to the email address the Client provided in connection with your account or by posting the Communication on the India PRwire website "indiaprwire.com". The Client also consents to receive Communications by telephone or by postal mail sent to the postal address the Client provided.
- Should the Client violate these Terms and Conditions or any other rights of India PRwire, India PRwire reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on India PRwire website "indiaprwire.com".
- The Clients obligations shall be binding on the recipient's heirs, successors and assigns.
- By its registration for service, submission of copy and/or other information to India PRwire, Client agrees to be bound by the foregoing Conditions of Service.
If you are aware of any violations of these Terms and Conditions, please report them to:India PRwire
J-11/121, 1st Floor,
Rajouri Garden, New Delhi