Publicity Engine Terms and Conditions

These Terms and Conditions constitute an Agreement (hereinafter called "Agreement") between Publicity Engine ("Publicity Engine") a CALIFORNIA state limited liability corporation, having its principal place of business in REDONDO BEACH, CA 90278, and you the user ("USER").

1. Publicity Engine facilities are governed by Federal and State regulations. Services may be withheld from overdue accounts.

2. USER is responsible for the content and accuracy of all news copy and other information submitted by it. Because of the volume of information and copy submitted to Publicity Engine, Publicity Engine cannot be responsible for verifying any facts contained therein. USER represents and warrants to Publicity Engine that (i) it has the right to deliver to Publicity Engine all information and copy submitted to it, (ii) it 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", and (iii) no information or copy submitted by USER will 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. USER shall indemnify and hold harmless Publicity Engine, 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 USER.

3. Publicity Engine reserves the right to reject or edit copy or other information when necessary in its judgment. Publicity Engine reserves the right, at its sole discretion, to remove any press release from its web site, pull any press release from distribution or deny approval to any press release.

4. Publicity Engine endeavors to disseminate promptly and accurately all news and other information that it processes. Any inadvertent errors by Publicity Engine will be corrected promptly upon discovery, without additional charge, and such obligation to correct shall constitute the sole liability of Publicity Engine in this regard.

5. Publicity Engine is not warranting or ensuring that Publicity Engine's services will be free from errors, including omissions, interruptions, delays, losses or defects, whether human or mechanical. Publicity Engine 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 Publicity Engine and its affiliates to USER shall be limited to the refund of the fees paid by USER and in no event will Publicity Engine or its affiliates be liable for any indirect, consequential, special, exemplary or incidental damages.

6. All news releases and other information transmitted by Publicity Engine must contain a USER-supplied contact name and phone number and a clearly identifiable source. The source gives legitimacy to the release by indicating who is responsible for the content and cannot be the name of an agency issuing news on behalf of USER.

7. Publicity Engine 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.

8. You consent to receive communications from Publicity Engine concerning your use of the Products and Services ("Communications"). The Communications may be those that Publicity Engine is required to send to you by law concerning the Products and Services ("Required Communications"). The Communications may also be those that Publicity Engine sends to you for other reasons. You consent to receive Communications electronically. Publicity Engine may provide these Communications to you by sending an email to the email address you provided in connection with your account or by posting the Communication on the Publicity Engine network. 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 Publicity Engine sends Communications by visiting your account information page.

9. Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of Publicity Engine's or any third party's intellectual property rights, whether by estoppels, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate the Publicity Engine network and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of Publicity Engine and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Publicity Engine in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by Publicity Engine, any of Publicity Engine's affiliates, or any of Publicity Engine's service providers. You agree not to use any of the trademarks or service marks or other Content accessible through the Publicity Engine network of any purpose other than the purpose for which such Content is made available to users by Publicity Engine. You agree not to defame or disparage Publicity Engine, the trademarks or service marks of Publicity Engine, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or the Publicity Engine network.

Information, services, methods and processes made available to the USER are the intellectual property of Publicity Engine. You agree to use this service for its intended purpose and not for the 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.

10. You acknowledge and agree that you and Publicity Engine are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions 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.

11. Should you violate these Terms and Conditions or any other rights of Publicity Engine and the Publicity Engine network of sites, Publicity Engine reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the Publicity Engine network web sites.

If you are aware of any violations of these Terms and Conditions, please report them to:

Publicity Engine
Abuse Manager
2512 Artesia Blvd, Suite 120
Redondo Beach, CA 90278
FAX (310) 802- 6581

12. The USERS obligations shall be binding on the recipient's heirs, successors and assigns.

13. This Agreement shall be governed by and construed under the laws of CALIFORNIA without reference to conflict of laws.


14. By its registration for service, submission of copy and/or other information to Publicity Engine, USER agrees to be bound by the foregoing Conditions of Service.



In Addition, when submitting a release for distribution through Publicity Engine for distribution on the Publicity Engine network you agree to the following.

TERMS & CONDITIONS OF SERVICE CLAUSE

Publicity Engine partners who accept and process news releases through an online Web-based Site will be required to include a "conditions of service" clause within the online application and follow a verification checklist.

TERMS & CONDITIONS CLAUSE - All companies submitting a news release through the Company Web site must accept an online "terms & conditions" clause. This clause, set forth below, must be included within the online application process with a click through acceptance process. Additionally this Terms and Conditions Clause can be completed via fax.

CONDITIONS OF SERVICE:
Publicity Engine facilities are governed by Federal and State regulations. You are responsible for the content and accuracy of all news copy and information submitted to Publicity Engine via Publicity Engine. Because of the volume of copy and information submitted to Publicity Engine via Publicity Engine, Publicity Engine and Publicity Engine cannot be responsible for verifying any facts contained therein. You represent and warrant to Publicity Engine and Publicity Engine that (i) You have the right to deliver to Publicity Engine and Publicity Engine all copy and information You submit, (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", and (iii) no copy or information submitted by You will 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. You shall indemnify and hold harmless Publicity Engine, its affiliated companies, third party vendors, including distributors, and Publicity Engine from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys fees) arising out of or relating to any breach by You of the foregoing representations and warranties or otherwise arising out of or relating to the contents or nature of the information and/or copy provided by You. Publicity Engine reserves the right to reject or edit copy or other information when necessary in its judgment. All news copy, photographs, video and audio files processed shall be the property of Publicity Engine. Publicity Engine and Publicity Engine endeavor to disseminate promptly and accurately all news and other information that they process. Any inadvertent errors by Publicity Engine or Publicity Engine will be corrected promptly upon discovery, without additional charge, and such obligation to correct shall constitute the sole liability of Publicity Engine and Publicity Engine in this regard. Publicity Engine and Publicity Engine are not warranting or insuring that Publicity Engine's or Publicity Engine's services will be free from errors, omissions, interruptions, delay, losses or defects, whether human or mechanical. Publicity Engine and Publicity Engine make no warranties, expressed or implied, as to the services, including but not limited to any warranties or merchantability or suitability for print or broadcast. In no event will Publicity Engine or its affiliates or Publicity Engine be LIABLE to You, including for any indirect, consequential, special, exemplary or incidental damages. By Your submission of copy and/or other information to Publicity Engine via Publicity Engine, You agree to be bound by the foregoing Conditions of Service.